Phonographic Performance Ltd v Ellis (T/A Bla Bla Bar): CA 18 Dec 2018

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 on the point of law, but on fresh assessment, damages were not awarded.
Damages under section 106 being a statutory creation stood sui generis, and though intended to be punitive, the analogy with criminal fines was unhelpful.

Lewison, King, David Richards LJJ
[2019] Bus LR 542, [2018] EWCA Civ 2812, [2018] WLR(D) 776
Bailii, WLRD
Copyright Designs and Patents Act 1988 97(2)
England and Wales
CitedMichael O’Mara Books Ltd v Express Newspapers plc 1999
Neuberger J said: ‘It is an open question whether damages awarded pursuant to section 97(2) of the 1988 Act (which I shall call ‘additional damages’) are exemplary damages or aggravated damages or, as I am inclined to think, a separate category of . .
CitedCala Homes (South) Ltd and Others v Alfred Mcalpine Homes East Ltd (No 2) ChD 30-Oct-1995
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 . .
CitedPhonographic 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 . .
CitedSanneh, Regina (on The Application of) v The Secretary of State for Work and Pensions and Another Admn 10-Apr-2013
. .

Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 11 November 2021; Ref: scu.631418