Performing Right Society Ltd. v B4u Network (Europe) Ltd.

The PRS Agreement constituted a present assignment of future copyright, and under section 91 of the Copyright, Designs and Patents Act 1988, the copyright vested in PRS as the first assignee in time when the Song was created, taking precedence over the subsequent assignment to Dharma Productions.

Parties: Claimant: Performing Right Society Limited; Defendant: B4U Network (Europe) Limited
Jurisdiction: England and Wales
Judgment Date: 22 October 2012
Procedural Posture: Intellectual Property / Summary Judgment Application
Outcome: Partial summary judgment granted in favour of PRS for the Song.
Legal Topics: Copyright Assignment, Priority of Assignments, Summary Judgment, Music Rights

Intellectual Property Contract Copyright Assignment Priority of Assignments Summary Judgment Music Rights

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2

Parties

Performing Right Society Limited

Claimant

B4U Network (Europe) Limited

Defendant

Procedural Posture

Intellectual Property / Summary Judgment Application

Legal Issues

1 Whether an assignment of rights which the assignor may in the future acquire or own differs in legal effect from a present assignment of all future rights in any musical works
2 Which assignment takes priority: PRS or Dharma Productions
3 Interpretation of section 91 of the Copyright, Designs and Patents Act 1988

Ratio Decidendi

Court Disposition

Partial summary judgment granted in favour of PRS for the Song.

Orders

PRS is granted summary judgment for copyright infringement in relation to the Song 'Shukran Allah'.