Reformation Publishing Company Ltd v Cruiseco Ltd & Anor

Reformation Publishing Company Ltd v Cruiseco Ltd & Anor

The infringement lasted only 5 days, as there was insufficient evidence that the infringing material was made available to the public beyond the initial recipients. Damages are to be assessed by reference to a reasonable licence fee for a 5-day period, not for a longer term. The hypothetical licence would cover both songs, for internet and point of sale use, with a global scope due to the encouragement to disseminate on social media. The reasonable licence fee for 5 days is assessed at £38,750. Additional damages of £25,000 are awarded due to the recklessness of the defendants' agent (ANA), which is attributable to the defendants.

Parties
Claimant: Reformation Publishing Company Limited; Defendant: Cruiseco Limited; Defendant: Discovery Travel Centre Pty Limited
Jurisdiction
England and Wales
Judgment Date
22 October 2018
Procedural Posture
Copyright Infringement Claim / Judgment After Trial
Outcome
Judgment for the claimant; damages and additional damages awarded.
Legal Topics
Copyright Infringement, Damages Assessment, Agency Liability, Additional Damages, Reasonable Licence Fee
Intellectual Property Law Copyright Infringement Damages Assessment Agency Liability Additional Damages Reasonable Licence Fee

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Parties

Reformation Publishing Company Limited

Claimant

Cruiseco Limited

Defendant

Discovery Travel Centre Pty Limited

Defendant

Procedural Posture

Copyright Infringement Claim / Judgment After Trial

Legal Issues

  1. 1 Duration of copyright infringement for damages assessment
  2. 2 Appropriate duration and scope of hypothetical licence for damages
  3. 3 Calculation of reasonable licence fee for short-term copyright infringement

Ratio Decidendi

The infringement lasted only 5 days, as there was insufficient evidence that the infringing material was made available to the public beyond the initial recipients. Damages are to be assessed by reference to a reasonable licence fee for a 5-day period, not for a longer term. The hypothetical licence would cover both songs, for internet and point of sale use, with a global scope due to the encouragement to disseminate on social media. The reasonable licence fee for 5 days is assessed at £38,750. Additional damages of £25,000 are awarded due to the recklessness of the defendants' agent (ANA), which is attributable to the defendants.

Court Disposition

Judgment for the claimant; damages and additional damages awarded.

Orders

  • Defendants to pay £38,750 as ordinary damages for copyright infringement.
  • Defendants to pay £25,000 as additional damages under s. 97(2) of the Copyright, Designs and Patents Act 1988.