Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors

Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors

UK users of The Pirate Bay infringe the claimants’ copyrights by copying and communicating sound recordings to the public without licence. The operators of TPB authorise and are jointly liable for such infringements, as they provide the means, intend infringement, and profit from it. Both users and operators of TPB infringe the claimants’ copyrights in the UK.

Parties
Claimant: Dramatico Entertainment Limited; Claimant: EMI Records Limited; Claimant: Mercury Records Limited; Claimant: Polydor Limited; Claimant: Rough Trade Records Limited; Claimant: Sony Music Entertainment UK Limited; Claimant: Virgin Records Limited; Claimant: Warner Music UK Limited; Claimant: 679 Recordings Limited; 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
20 February 2012
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
finding of copyright infringement by users and operators of The Pirate Bay; entitlement to injunction against ISPs
Legal Topics
Copyright Infringement, Internet Service Provider Liability, Injunctions, Authorisation of Infringement, Joint Tortfeasance
Intellectual Property Copyright Copyright Infringement Internet Service Provider Liability Injunctions Authorisation of Infringement Joint Tortfeasance

Case Brief

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Parties

Dramatico Entertainment Limited

Claimant

EMI Records Limited

Claimant

Mercury Records Limited

Claimant

Polydor Limited

Claimant

Rough Trade Records Limited

Claimant

Sony Music Entertainment UK Limited

Claimant

Virgin Records Limited

Claimant

Warner Music UK Limited

Claimant

679 Recordings Limited

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 / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether users of The Pirate Bay (TPB) infringe the claimants’ copyrights in the UK by copying and communicating to the public sound recordings via TPB
  2. 2 Whether the operators of TPB authorise or are jointly liable for copyright infringement by UK users

Ratio Decidendi

UK users of The Pirate Bay infringe the claimants’ copyrights by copying and communicating sound recordings to the public without licence. The operators of TPB authorise and are jointly liable for such infringements, as they provide the means, intend infringement, and profit from it. Both users and operators of TPB infringe the claimants’ copyrights in the UK.

Court Disposition

finding of copyright infringement by users and operators of The Pirate Bay; entitlement to injunction against ISPs