In R v Evans ([2017] EWCA Crim 139), the English and Wales Court of Appeal affirmed a 12-month immediate prison sentence for an individual convicted of distributing infringing copies of musical works under the UK Copyright, Designs, Patents Act, 1988.
The defendant operated websites for DJs which provided links to a cappella tracks, or vocals-only tracks, isolated from commercial musical works. DJs sometimes use these tracks to play vocals from one musical work over new or different musical accompaniments. The website did not provide the musical works directly, but instead supplied links to torrent websites which permitted illegal downloading of the musical works. There was no evidence to suggest that the accused made any significant profits from his activities. He did, however, continue to operate the websites after receiving multiple cease and desist notices.
The accused appealed the sentence given at first instance, arguing that a 12-month prison sentence was excessive. The Court of Appeal disagreed, and affirmed the sentence. In addition, the decision provides a list of non-exhaustive factors for sentencing in cases involving the criminal distribution of infringing copyright articles:
Summary By: David Bowden
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