Performing Right Society Ltd v Qatar Airways Group QCSC

Performing Right Society Ltd v Qatar Airways Group QCSC

Extended disclosure is appropriate and proportionate in relation to specific factual disputes about the operation and content of the Oryx One Play app and Oryx One app, and the outward promotion of the inflight entertainment services, as these are relevant to the individualized assessment required for determining communication to the public and public performance rights. However, disclosure should be limited to avoid fishing expeditions and should not extend to usage data or internal planning documents where not justified by the pleadings.

Parties
Claimant: Performing Right Society Limited; Defendant: Qatar Airways Group Q. C. S. C.
Jurisdiction
England and Wales
Judgment Date
13 April 2021
Procedural Posture
Intellectual Property Copyright Infringement / Interlocutory Application for Extended Disclosure Prior to Trial of Preliminary Issues
Outcome
Application for extended disclosure granted in part and dismissed in part.
Legal Topics
Extended Disclosure, Communication to the Public, Public Performance, Preliminary Issues, Practice Direction 51 U
Intellectual Property Copyright Law Extended Disclosure Communication to the Public Public Performance Preliminary Issues Practice Direction 51 U

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Parties

Performing Right Society Limited

Claimant

Qatar Airways Group Q. C. S. C.

Defendant

Procedural Posture

Intellectual Property Copyright Infringement / Interlocutory Application for Extended Disclosure Prior to Trial of Preliminary Issues

Legal Issues

  1. 1 Whether extended disclosure should be ordered and its scope in the context of preliminary issues on copyright infringement
  2. 2 Whether the acts of Qatar Airways via its inflight entertainment system constitute public performance or communication to the public under UK and Qatari law
  3. 3 Whether the range and mode of content delivery via Oryx One Play app and Oryx One app are relevant to the alleged infringement

Ratio Decidendi

Extended disclosure is appropriate and proportionate in relation to specific factual disputes about the operation and content of the Oryx One Play app and Oryx One app, and the outward promotion of the inflight entertainment services, as these are relevant to the individualized assessment required for determining communication to the public and public performance rights. However, disclosure should be limited to avoid fishing expeditions and should not extend to usage data or internal planning documents where not justified by the pleadings.

Court Disposition

Application for extended disclosure granted in part and dismissed in part.

Orders

  • Extended disclosure under Model C ordered for issues 3 and 4 as set out in PRS’s DRD.
  • Extended disclosure under Model C ordered for issues 5 and 6 as set out in PRS’s DRD, excluding usage reports and app data.