Twentieth Century Fox Film Corporation & Anor v Newzbin Ltd

Twentieth Century Fox Film Corporation & Anor v Newzbin Ltd

Newzbin Limited is liable for copyright infringement because it authorised, procured, and engaged in a common design with its premium members to copy claimants' films, communicated those films to the public by making them available through its NZB facility, and did so with knowledge and encouragement, warranting injunctive relief and consideration of additional damages for flagrancy.

Parties
Claimant: Twentieth Century Fox Film Corporation; Claimant: Universal City Studios Productions LLLP; Claimant: Warner Bros. Entertainment Inc.; Claimant: Paramount Pictures Corporation; Claimant: Disney Enterprises, Inc.; Claimant: Columbia Pictures Industries, Inc.; Defendant: Newzbin Limited
Jurisdiction
England and Wales
Judgment Date
29 March 2010
Procedural Posture
Copyright Infringement / Final Judgment
Outcome
Judgment for claimants; defendant found liable for copyright infringement.
Legal Topics
Authorisation, Procurement, Common Design, Communication to the Public, Injunctions, Flagrancy, Service Provider Liability
Intellectual Property Copyright Authorisation Procurement Common Design Communication to the Public Injunctions Flagrancy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Twentieth Century Fox Film Corporation

Claimant

Universal City Studios Productions LLLP

Claimant

Warner Bros. Entertainment Inc.

Claimant

Paramount Pictures Corporation

Claimant

Disney Enterprises, Inc.

Claimant

Columbia Pictures Industries, Inc.

Claimant

Newzbin Limited

Defendant

Procedural Posture

Copyright Infringement / Final Judgment

Legal Issues

  1. 1 Whether Newzbin Limited infringed claimants' copyrights by authorising, procuring, or engaging in a common design with its members to copy films
  2. 2 Whether Newzbin communicated claimants' films to the public
  3. 3 Whether Newzbin is liable for additional damages due to flagrancy

Ratio Decidendi

Newzbin Limited is liable for copyright infringement because it authorised, procured, and engaged in a common design with its premium members to copy claimants' films, communicated those films to the public by making them available through its NZB facility, and did so with knowledge and encouragement, warranting injunctive relief and consideration of additional damages for flagrancy.

Court Disposition

Judgment for claimants; defendant found liable for copyright infringement.

Orders

  • Defendant restrained from infringing claimants' copyrights in their repertoire of films.
  • Scope of injunction to be determined after further argument.