The claimant company sought summary judgment against the defendants who had manufactured and sold unauthorised recordings of a concert by the late Mr Hendrix in Sweden in 1969.
Held: The performance was given retrospective protection under the 1988 Act. At the time of the performance, English law would have given no remedy, but the new right was given retrospective effect in the 1988 Act. That Sweden was not at the time a member of the European Community made no effective difference. The MCA v Charly case could be used to fix the defendants with personal responsibility.
Citations:
[2005] EWHC 249 (Ch), Times 05-May-2005
Links:
Statutes:
Copyright Designs and Patents Act 1988 181
Jurisdiction:
England and Wales
Citing:
Applied – MCA Records Inc v Charly Records Ltd and others (No 5) CA 29-Nov-2001
Thre had been an action for copyright and trade mark infringement. The court considered the personal liability of directors of the company for the costs of the action. . .
Cited by:
At First Instance – Experience Hendrix Llc v Purple Haze Records Ltd and Another CA 3-Aug-2005
Claim in performance rights – challenge to order for security for costs on appeal – evidence available at date of first hearing. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 29 June 2022; Ref: scu.222982