The laudable motives of the defendant in an infringement of copyright were no defence, but relieved him from liability for additional damages. Citations: Times 24-Sep-1997 Statutes: Copyright Designs and Patents Act 1988 97(2) Jurisdiction: England and Wales Cited by: Appeal from – Pro Sieben Media AG v Carlton Television Ltd and Another CA 7-Jan-1999 The … Continue reading PRO Sieben Media Ag v Carlton UK Television Ltd and Another: ChD 24 Sep 1997
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 plaintiff alleged that the defendant had copied its house designs after a senior employee involved in creating the designs left and eventually came to work for the defendant. The plaintiff alleged that the copying was flagrant allowing . .
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 . .
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 . .
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
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
Contractor and Client Copyrights The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract. Held: A Joint authorship claim required that the contributor had made some direct contribution to the words appearing in the eventual published item. … Continue reading Robin Ray v Classic FM Plc: PatC 18 Mar 1998
Additional damages under section 97 of the 1988 Act, can only be awarded with compensatory damages, not with a claim for damages under section 96. . .
The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied.
Held: The first step in a copyright action is . .