Two recent cases provide warnings to businesses on the sanctions that can be imposed for copyright infringement:
In the first case, the High Court passed a 28-day custodial sentence suspended for 12 months on a nightclub owner for copyright infringement. The sentence followed an application by Phonographic Performance Limited (PPL) for committal of the defendant for breach of a court order prohibiting him from playing or authorising the playing in public of sound recordings within PPL's repertoire.
In the second case, the Intellectual Property Enterprise Court ruled on damages involving the use of 21 photographs on the website of a home improvement services company without the photographer's consent. The court awarded the owner of the copyright in the photographs damages of £300 and a further £6,000 for unfair profits or, alternatively, for the flagrancy of the infringement.
Should you require further information on this article or any related matter please contact Justin Emerson on 01245 228113 or emersonj@gepp.co.uk
This is not legal advice; it is intended to provide information of general interest about current legal issues.
