A record library lent out records and simultaneously offered blank tapes for sale at a discount.
Held: The defendant library had not authorised the infringement of copyright in the records. Whitford J said: ‘Any ordinary person would, I think, assume that an authorisation can only come from somebody having or purporting to have authority and that an act is not authorised by somebody who merely enables or possibly assists or even encourages another to do that act, but does not purport to have any authority which he can grant to justify the doing of the act.’ and ‘you can home tape from bought records, borrowed records, borrowed from friends or public libraries, from the playing of records over the radio, and indeed, at no expense, from records which can be obtained for trial periods on introductory offers from many record clubs who advertise in the papers, who are prepared to let you have up to three or four records for a limited period of trial, free of any charge whatsoever.’
Judges:
Whitford J
Citations:
[1982] Ch 91
Jurisdiction:
England and Wales
Intellectual Property
Updated: 07 May 2022; Ref: scu.267927
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