MCA Records Inc & Anor v Charly Records Ltd & Ors [2001] EWCA Civ 1441 (5 October 2001)

MCA Records Inc & Anor v Charly Records Ltd & Ors [2001] EWCA Civ 1441 (5 October 2001)

Mr Young was personally liable as a joint tortfeasor for CRL's copyright infringement because, as the key figure and ultimate decision-maker at CRL, he intended, procured, and impliedly directed the infringing acts, even if he did not expressly order them. His conduct after the US judgment, in particular, was flagrant and justified additional damages.

Citation
[2001] EWCA Civ 1441
Parties
Claimants/respondents: MCA Records Inc & MCA Records Limited; Defendants/appellant: Charly Records Limited, Charly International APS, Charly Holdings Inc, Mr Jean Luc Young, Charly Records (UK) Limited
Jurisdiction
England and Wales
Judgment Date
05 October 2001
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed. Judgment for claimants/respondents.
Legal Topics
Copyright Infringement, Personal Liability of Directors, Joint Tortfeasorship, Damages for Infringement
Intellectual Property Company Law Tort Copyright Infringement Personal Liability of Directors Joint Tortfeasorship Damages for Infringement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MCA Records Inc & MCA Records Limited

Claimants/respondents

Charly Records Limited, Charly International APS, Charly Holdings Inc, Mr Jean Luc Young, Charly Records (UK) Limited

Defendants/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Mr Young was personally liable for copyright infringement by Charly Records Limited as a director or de facto/shadow director.
  2. 2 Whether the correct legal test was applied for personal liability of company officers for torts of the company.
  3. 3 Whether flagrancy damages under section 97(2) of the Copyright, Designs and Patents Act 1988 were appropriate.

Ratio Decidendi

Mr Young was personally liable as a joint tortfeasor for CRL's copyright infringement because, as the key figure and ultimate decision-maker at CRL, he intended, procured, and impliedly directed the infringing acts, even if he did not expressly order them. His conduct after the US judgment, in particular, was flagrant and justified additional damages.

Court Disposition

Appeal dismissed. Judgment for claimants/respondents.

Orders

  • Declaration that MCA Records Inc is owner of copyright in the Chess recordings.
  • Injunction restraining further acts of infringement by Mr Young.