Grisbrook v MGN Ltd & Ors

Grisbrook v MGN Ltd & Ors

The original licence to MGN to publish Mr Grisbrook’s photographs did not extend to making digital archives of published editions available to the public via websites. The operation of the back number websites constitutes an infringement of Mr Grisbrook’s copyright and a breach of the consent order undertaking. However, given the genuine legal dispute and lack of deliberate non-compliance, committal or sequestration is not appropriate; a declaration of infringement suffices.

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
Civil Copyright/contract / Judgment on Application for Committal And/or Sequestration for Alleged Breach of Undertaking
Outcome
Declaration of infringement; no committal or sequestration ordered
Legal Topics
Copyright Infringement, Implied Licence, Consent Order Interpretation, Contempt of Court, Digital Archiving, Public Interest Defence
Intellectual Property Contract Copyright Infringement Implied Licence Consent Order Interpretation Contempt of Court Digital Archiving Public Interest Defence

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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

Civil Copyright/contract / Judgment on Application for Committal And/or Sequestration for Alleged Breach of Undertaking

Legal Issues

  1. 1 Whether MGN breached a consent order undertaking not to infringe the claimant’s copyright by including his photographs in digital archives and websites
  2. 2 Whether the original licence to publish photographs 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 original licence to MGN to publish Mr Grisbrook’s photographs did not extend to making digital archives of published editions available to the public via websites. The operation of the back number websites constitutes an infringement of Mr Grisbrook’s copyright and a breach of the consent order undertaking. However, given the genuine legal dispute and lack of deliberate non-compliance, committal or sequestration is not appropriate; a declaration of infringement suffices.

Court Disposition

Declaration of infringement; no committal or sequestration ordered

Orders

  • Declaration that operation of the back number websites infringes Mr Grisbrook’s copyright and breaches the undertaking in the consent order
  • No further action by way of committal or sequestration