Phonographic Performance Ltd v CGK Trading Ltd and others

Copyright – Infringement of copyright. The Chancery Division held that the third defendant (K), who was the designated premises supervisor of a nightclub in Essex, was liable to the claimants, Phonographic Performance Ltd and Performing Rights Society Ltd, for authorising and procuring infringement of their copyrights as a result of the unlicensed playing of sound recordings at the nightclub. The court held that irrespective of whether or not K had been present at the club at the relevant time or whether or not she had approved lists of songs to be played, the relevant act was engaging the performers and, on the evidence, K had been carrying out a managerial role at the club, and her responsibilities had extended to authorising and procuring the performance of music at the club.

Category: