Can Retailers Avoid Liability For Selling Copyright Infringing Goods?

In the second of a series of posts, we look at the potential liability of the so-called "innocent infringer" under UK law, that is, a business which has unwittingly traded in a product which infringes intellectual property rights without knowledge of the infringement.  Last time considered trade marks (iPit post here) which concluded there was no defence.

This time we look at copyright.  Can the seller stick his head in the sand and claim he knew nothing about the original work?  Or does the law oblige the retailer to investigate claims of infringement?

Primary copyright infringement

Section 16 of the Copyright, Designs and Patents Act 1988 (the CDPA) states that:

The owner of the copyright in a work has... the exclusive right...