EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 379 (Ch) (28 February 2013)

EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 379 (Ch) (28 February 2013)

UK users and operators of KAT, H33T, and Fenopy websites infringe claimants' copyrights by copying and communication to the public; operators authorise and are jointly liable for infringement; defendants are service providers whose services are used to infringe and have actual knowledge; blocking orders are proportionate and appropriate.

Citation
[2013] EWHC 379 (Ch)
Parties
Claimant: EMI Records Limited; Claimant: Infectious Limited; Claimant: Liberation Music Pty Limited; Claimant: Polydor Limited; Claimant: Simco Limited; Claimant: Sony Music Entertainment UK Limited; Claimant: Universal Music Operations Limited; Claimant: Virgin Records Limited; Claimant: Warner Music UK Limited; Claimant: WEAINTERNATIONAL INC; Defendant: British Sky Broadcasting Limited; Defendant: British Telecommunications PLC; Defendant: Everything Everywhere Limited; Defendant: TalkTalk Telecom Group PLC; Defendant: Telefónica UK Limited; Defendant: Virgin Media Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2013
Procedural Posture
Copyright Infringement Injunction (part 8 Claim) / Final Judgment on Application for Website Blocking Orders
Outcome
Injunction granted against defendants (ISPs) to block access to KAT, H33T, and Fenopy websites.
Legal Topics
Website Blocking Orders, Copyright Infringement, Authorisation, Joint Tortfeasance, Communication to the Public, Service Provider Liability, Proportionality of Injunctions
Intellectual Property Copyright Law Internet Law Website Blocking Orders Copyright Infringement Authorisation Joint Tortfeasance Communication to the Public +2 more

Case Brief

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Parties

EMI Records Limited

Claimant

Infectious Limited

Claimant

Liberation Music Pty Limited

Claimant

Polydor Limited

Claimant

Simco Limited

Claimant

Sony Music Entertainment UK Limited

Claimant

Universal Music Operations Limited

Claimant

Virgin Records Limited

Claimant

Warner Music UK Limited

Claimant

WEAINTERNATIONAL INC

Claimant

British Sky Broadcasting Limited

Defendant

British Telecommunications PLC

Defendant

Everything Everywhere Limited

Defendant

TalkTalk Telecom Group PLC

Defendant

Telefónica UK Limited

Defendant

Virgin Media Limited

Defendant

Procedural Posture

Copyright Infringement Injunction (part 8 Claim) / Final Judgment on Application for Website Blocking Orders

Legal Issues

  1. 1 Whether UK users and operators of KAT, H33T, and Fenopy websites infringe claimants' copyrights
  2. 2 Whether operators of the websites authorise or are jointly liable for infringement
  3. 3 Whether defendants (ISPs) are service providers whose services are used to infringe

Ratio Decidendi

UK users and operators of KAT, H33T, and Fenopy websites infringe claimants' copyrights by copying and communication to the public; operators authorise and are jointly liable for infringement; defendants are service providers whose services are used to infringe and have actual knowledge; blocking orders are proportionate and appropriate.

Court Disposition

Injunction granted against defendants (ISPs) to block access to KAT, H33T, and Fenopy websites.

Orders

  • Defendants must take measures to block or impede access by their customers to KAT, H33T, and Fenopy websites.