EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors

EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors

The court has jurisdiction under section 97A as defendants are service providers with actual knowledge of infringement; users and operators of the websites infringe copyright by copying and communication to the public; operators authorise and are jointly liable for infringement; defendants' services are used for infringement; blocking orders are proportionate and necessary to protect intellectual property rights.

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: WEA International 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
Civil / Judgment
Outcome
Orders granted as requested by claimants.
Legal Topics
Website Blocking Orders, Copyright Infringement, ISP Liability, Communication to the Public, Authorisation, Joint Tortfeasance, Proportionality of Remedies
Intellectual Property Copyright Information Technology Website Blocking Orders Copyright Infringement ISP Liability Communication to the Public Authorisation +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

WEA International 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

Civil / Judgment

Legal Issues

  1. 1 Whether users and operators of KAT, H33T, and Fenopy websites infringe claimants' copyrights
  2. 2 Whether defendants as ISPs are service providers under section 97A of the Copyright, Designs and Patents Act 1988
  3. 3 Whether users and operators use defendants' services to infringe copyright

Ratio Decidendi

The court has jurisdiction under section 97A as defendants are service providers with actual knowledge of infringement; users and operators of the websites infringe copyright by copying and communication to the public; operators authorise and are jointly liable for infringement; defendants' services are used for infringement; blocking orders are proportionate and necessary to protect intellectual property rights.

Court Disposition

Orders granted as requested by claimants.

Orders

  • Defendants are required to block or impede access to KAT, H33T, and Fenopy websites by their customers.