Local authorities ran classes in which aerobics teachers used music for lessons. No licence was obtained for the performance of the music. They claimed to be ‘a club, society or other organisation the main objects of which were charitable or otherwise concerned with the advancement of religion, education or social welfare.’ In effect this was a claim that a local government was a charity.
Held: The defence could not succeed. The functions of a local authority would not normally be considered charitable. In this context, ‘social welfare’ was an inappropriate expression to describe such activities. Similarly the term ‘organisation’ in the Act, in this particular phrase, was to be read ejusdem generis with the words ‘club’ and ‘society’. It could not apply to a local authority. The function of a local authority is to carry out the administrative and governmental functions, in respect of its area. The legislature had thought it right to devolve those functions from national government. Those functions might include social welfare, but that was not its main purpose.
Judges:
Neuberger J
Citations:
Gazette 18-Jan-2001, Times 19-Dec-2000, [2000] EWHC 455 (Ch), [2001] 1 WLR 400, [2001] EMLR 446, [2001] RPC 594
Links:
Statutes:
Copyright Designs and Patents Act 1988 67
Jurisdiction:
England and Wales
Intellectual Property, Local Government, Charity
Updated: 25 July 2022; Ref: scu.84728