A plaintiff may claim damages under section 97(2) in addition to claiming an account of profits, as his primary remedy. A person claiming joint rights in the copyright as author must contribute to the ‘production’ of the work and create something protected by copyright which finds its way into the finished work. There is no … Continue reading Cala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2): ChD 30 Oct 1995

The claimant sought damages against the respondent for various infringements in sales of unlicensed products, and also additional damages. The defendant argued that Microsoft’s licensing arrangements acted anti-competively. Held: ‘the defendants would not at trial be able to defend liability for issuing instruments of deception. ‘ The application for summary judgment for additional damages succeeded. … Continue reading Microsoft Corporation v Ling and others: ChD 3 Jul 2006

Additional infrimgement damages were not a fine. The Society had succeeded in its claim of copyright infringement. The defendant having continued his breaches, it sought additional damages and committal for contempt. Having granted the committal the trial judge declined to award additional damages, by way of an analogy with criminal fines. Held: The appeal succeeded … Continue reading Phonographic Performance Ltd v Ellis (T/A Bla Bla Bar): CA 18 Dec 2018

The court undertook an enquiry as to damages: ‘(1) Damages were to be assessed liberally on the basis of such inferences as the evidence justified.(2) Damages were to be assessed by reference to two periods, November 1992 to February 1996 and March 1996 to March 1997. The difference between them is that in the latter … Continue reading Blayney (T/A Aardvark Jewelry) v Clogau St David’s Gold Mines Ltd and others: ChD 20 Jul 2001