The court awarded andpound;1 per CD produced and not sold, and andpound;5 per CD produced and sold for infringement by pressing CDs of recordings of the claimant artist’s performances. The court considered the personal responsibility of the director of the one man company. Ferris J said: ‘it is necessary to look carefully at the conduct of the individual director and to see whether, if it had not been done as agent in the name and on behalf of the company, it would have made the director a joint tortfeasor. In the case of copyright infringement there is also an additional element in the form of Section 16(2) of the Copyright Designs and Patents Act 1988, under which there is an infringement of copyright not only where a person actually does any of the acts restricted by the copyright but also where a person authorises another to do any of those acts. ‘
Ferris J
[1998] EWHC Patents 277, [1999] EMLR 180
Bailii
Copyright Designs and Patents Act 1988 16(2)
England and Wales
Citing:
Cited – PLG Research Ltd and Another v Ardon International Ltd and Others ChD 25-Nov-1994
A patent infingement claim was met by the assertion that the material covered had been disclosed before the patent had been obtained. The court was asked as to the test of whether the information in a claim had been disclosed. Aldous J said: ‘Mr. . .
Cited by:
Cited – Phonographic Performance Ltd v Reader ChD 22-Mar-2005
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in . .
These lists may be incomplete.
Updated: 03 July 2021; Ref: scu.163084