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 this action sought additional damages under section 97.
Held: Where the underlying infringement is established to the standard required to support an application to commit for breach of an injunction, then there is no arguable defence to a claim for copyright infringement; and the circumstance that the infringements complained of are committed in breach of a Court Order render either an enquiry as to additional damages or, in a proper case, a summary award of additional damages to the copyright owner. In this case the court awarded as additional damages the costs of the enquiry agents and a sum equal to the unpaid licence fees down to the date of the application to commit.
Judges:
Pumfrey J
Citations:
[2005] EWHC 416 (Ch), [2005] EMLR 26, [2005] FSR 42,
Links:
Statutes:
Copyright Designs and Patents Act 1988 97
Jurisdiction:
England and Wales
Citing:
Cited – British Motor Trade Association v Salvadori 1949
The plaintiff was a trade association whose policy was to enforce the fixing of prices of motor cars, at a time when the demand for cars greatly exceeded the supply, so that there were large profits to be made by anyone who could acquire a new car . .
Cited – Morton – Norwich Products v Intercen (No 2) ChD 1981
The plaintiffs had alleged patent infringement and now sought to recover the costs of the action it had had to take for discovery as against HM Customs and Excise, which they said had been necessary to discover the extent of the concealed fraud . .
Cited – Fairclough and Sons v The Manchester Ship Canal Co CA 1897
The court considered the remedies for a contempt of court.
Held: Lord Russell CJ said: ‘We desire to make it clear that in such cases no casual or accidental and unintentional disobedience of an Order would justify either a commitment or . .
Cited – Midland Marts v Hobday ChD 1989
The court considered a claim for costs on an application for committal of the defendant for infringement.
Held: Vinelott J said: ‘I can see no reason in principle why the Court, if satisfied that the facts proved at the hearing of a motion to . .
Cited – Sony Computer Entertainment v Paul Owen ChD 23-Jan-2002
Claim for infringement – sale of chip designed to bypass country code control on the claimant’s gaming machines.
Held: An infringement of copyright committed in breach of an injunction restraining such infringement can found an award of . .
Mentioned – WB v H Bauer Publishing Ltd 2002
. .
Cited – Nottinghamshire Healthcare National Health Service Trust v News Group Newspapers Ltd ChD 14-Mar-2002
The claimant sought additional and punitive damages for infringement of copyright by the defendant.
Held: The section of the 1988 Act should not normally justify an award of purely punitive or exemplary damages. The existence of several . .
Cited – Springsteen v Flute International Ltd and Others PatC 10-Dec-1998
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 . .
Cited – Peninsula Business Services Limited v Citation Plc 2004
The court awarded 100% of a notional licence fee by way of additional statutory damages for copyright infringement. . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Contempt of Court, Damages
Updated: 09 September 2022; Ref: scu.263691