Copyright crackdown

REGULATION: law firms could be hit by police powers

Law firms are being advised to alert clients, and their own staff, to the dangers of having illegal copyright material on PCs, following the introduction of tougher regulations.

The Copyright, etc.

and Trade Marks (Offences and Enforcement) Act 2002, passed last month to amend the Copyright, Designs and Patents Act 1988, gives the police power to secure warrants to search, and seize property from any business they believe is using unlicensed software.

Previous powers limited searches to traders and importers of illegal material.

The term 'illegal software' does not only cover pirate copies, but also unlicensed duplicates downloaded onto PCs.

Robin Fry, an intellectual property partner at City firm Beachcroft Wansbroughs, said: 'Copyright theft is increasingly being seen as a major problem, not just for its effect on the economy, but also because of its links to organised crime.

With illegal downloads available on-line from overseas sites and ease of burning onto CDs, it's been almost impossible to contain software copying - so much tougher enforcement rights have been pressed for.'

He continued: 'Solicitors should make sure they advise clients about the tightening up of the regime, but also ensure their firms are compliant.

Lawyers are heavy users of some highly sophisticated and expensive software, and their staff and PC numbers are readily available - so a breach can be detected.'

Mr Fry said the new powers would give the copyright owners and industry bodies, such as the Business Software Alliance and Federation Against Software Theft, 'more muscle' as they could work more effectively with the police to bring illegal users to book.

'With increased copy-protection devices built-in, it will be easier in to know the number of permitted users,' he said.

'If the numbers don't match up to employees of an organisation, software companies and trade bodies can inform the police of a potential breach.'

Andrew Towler