Phonographic Performance Ltd v JJPB Ltd & Anor [2017] EWHC 1370 (Ch) (14 June 2017)

Despite payment for past infringements, ongoing unlicensed activity and evidence of continued infringement justify the grant of an injunction to prevent future breaches.

Citation: [2017] EWHC 1370 (Ch)
Parties: Claimant: Phonographic Performance Ltd; Defendant: JJPB Ltd; Defendant: John Paul Batterton t/a Keystones
Jurisdiction: England and Wales
Judgment Date: 14 June 2017
Procedural Posture: Intellectual Property Infringement / Application for Default Judgment and Injunction
Outcome: injunctions granted
Legal Topics: Music Licensing, Injunctions, Default Judgment, Collecting Societies

Intellectual Property Copyright Music Licensing Injunctions Default Judgment Collecting Societies

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Phonographic Performance Ltd

Claimant

JJPB Ltd

Defendant

John Paul Batterton t/a Keystones

Defendant

Procedural Posture

Intellectual Property Infringement / Application for Default Judgment and Injunction

Legal Issues

1 Should an injunction be granted when past infringements have been paid for but ongoing unlicensed activity continues?
2 Does payment for past infringements negate the need for injunctive relief?

Ratio Decidendi

Despite payment for past infringements, ongoing unlicensed activity and evidence of continued infringement justify the grant of an injunction to prevent future breaches.

Court Disposition

injunctions granted

Orders

Injunctions granted restraining defendants from infringing copyright by playing music without a licence.
Default judgment entered against defendants.