Performing Right Society Ltd. v B4u Network (Europe) Ltd. [2012] EWHC 3010 (Ch) (22 October 2012)

Performing Right Society Ltd. v B4u Network (Europe) Ltd. [2012] EWHC 3010 (Ch) (22 October 2012)

The PRS Agreement, properly construed, was a present assignment of future copyright, not subject to a condition precedent. Upon creation of the Song, the Composers became first owners under sections 9 and 11 of the 1988 Act, and section 91 operated to vest the copyright in PRS as the first assignee in time. The subsequent assignment to Dharma Productions was subject to the prior PRS assignment, and PRS's rights took priority. There is no real prospect of B4U successfully defending the claim in relation to the Song.

Citation
[2012] EWHC 3010 (Ch)
Parties
Claimant: Performing Right Society Limited; Defendant: B4U Network (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
22 October 2012
Procedural Posture
Intellectual Property Copyright Infringement / Summary Judgment Application Under Part 24 CPR
Outcome
Partial summary judgment granted in favour of the claimant (PRS) in respect of the Song.
Legal Topics
Assignment of Future Copyright, Priority of Assignments, Interpretation of Copyright Agreements, Summary Judgment Standards
Intellectual Property Copyright Law Assignment of Future Copyright Priority of Assignments Interpretation of Copyright Agreements Summary Judgment Standards

Case Brief

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Parties

Performing Right Society Limited

Claimant

B4U Network (Europe) Limited

Defendant

Procedural Posture

Intellectual Property Copyright Infringement / Summary Judgment Application Under Part 24 CPR

Legal Issues

  1. 1 Whether an assignment of rights which the assignor 'may acquire or own' is a present assignment of future copyright or an assignment subject to a condition precedent
  2. 2 Whether the PRS assignment takes priority over the subsequent assignment to Dharma Productions under the Commissioning Agreement

Ratio Decidendi

The PRS Agreement, properly construed, was a present assignment of future copyright, not subject to a condition precedent. Upon creation of the Song, the Composers became first owners under sections 9 and 11 of the 1988 Act, and section 91 operated to vest the copyright in PRS as the first assignee in time. The subsequent assignment to Dharma Productions was subject to the prior PRS assignment, and PRS's rights took priority. There is no real prospect of B4U successfully defending the claim in relation to the Song.

Court Disposition

Partial summary judgment granted in favour of the claimant (PRS) in respect of the Song.

Orders

  • Summary judgment for PRS on the claim for infringement of copyright in the Song 'Shukran Allah'.