Grisbrook v MGN Ltd & Ors [2009] EWHC 2520 (Ch) (16 October 2009)

Grisbrook v MGN Ltd & Ors [2009] EWHC 2520 (Ch) (16 October 2009)

The licence granted by the claimant to MGN to publish his photographs did not extend to making digital archives of published editions available to the public via commercial websites. Such use was not in the contemplation of the parties at the time and is not necessary for business efficacy. The operation of the websites constitutes infringement of the claimant's copyright and a breach of the undertaking. However, the breaches were not intentional or contumacious so as to justify committal or sequestration.

Citation
[2009] EWHC 2520 (Ch)
Parties
Claimant: Alan Grisbrook; First Defendant: MGN Limited; Second Defendant: Scottish Daily Record and Sunday Mail Limited; Third Defendant: Syndication International Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Application for Committal/contempt And/or Sequestration / Judgment on Application
Outcome
Application for committal and sequestration dismissed; declaration of infringement granted
Legal Topics
Copyright Infringement, Implied Licence, Consent Orders, Digital Archiving, Contempt of Court
Intellectual Property Media Law Contract Law Copyright Infringement Implied Licence Consent Orders Digital Archiving Contempt of Court

Case Brief

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Parties

Alan Grisbrook

Claimant

MGN Limited

First Defendant

Scottish Daily Record and Sunday Mail Limited

Second Defendant

Syndication International Limited

Third Defendant

Procedural Posture

Application for Committal/contempt And/or Sequestration / Judgment on Application

Legal Issues

  1. 1 Whether MGN breached an undertaking not to infringe the claimant's copyright by including his photographs in digital archives and websites
  2. 2 Whether the licence granted by the claimant to MGN extended to digital archiving and public access via websites
  3. 3 Whether the operation of certain websites constitutes copyright infringement under the Copyright, Designs and Patents Act 1988

Ratio Decidendi

The licence granted by the claimant to MGN to publish his photographs did not extend to making digital archives of published editions available to the public via commercial websites. Such use was not in the contemplation of the parties at the time and is not necessary for business efficacy. The operation of the websites constitutes infringement of the claimant's copyright and a breach of the undertaking. However, the breaches were not intentional or contumacious so as to justify committal or sequestration.

Court Disposition

Application for committal and sequestration dismissed; declaration of infringement granted

Orders

  • No committal or sequestration ordered against MGN or its officers
  • Declaration that operation of the websites constitutes infringement and breach of undertaking