Phonographic Performance Ltd v Raine

Phonographic Performance Ltd v Raine

It is appropriate to stay the proceedings pending the outcome of the Copyright Tribunal application, as the Tribunal's determination may resolve the core dispute regarding entitlement to licences and alleged copyright infringement. The stay is granted subject to undertakings and security to protect PPL's interests.

Parties
Claimant: Phonographic Performance Limited; Defendant: Simon Noel Raine
Jurisdiction
England and Wales
Judgment Date
05 March 2014
Procedural Posture
Civil / Application for Stay of Proceedings
Outcome
Stay of proceedings granted
Legal Topics
Copyright Infringement, Licensing Schemes, Abuse of Dominant Position, Stay of Proceedings
Intellectual Property Company Law Copyright Infringement Licensing Schemes Abuse of Dominant Position Stay of Proceedings

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Parties

Phonographic Performance Limited

Claimant

Simon Noel Raine

Defendant

Procedural Posture

Civil / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether proceedings should be stayed pending determination by the Copyright Tribunal
  2. 2 Whether the Copyright Tribunal has jurisdiction to grant retrospective licences
  3. 3 Whether PPL's refusal to grant licences and imposition of preconditions constitutes abuse of dominant position

Ratio Decidendi

It is appropriate to stay the proceedings pending the outcome of the Copyright Tribunal application, as the Tribunal's determination may resolve the core dispute regarding entitlement to licences and alleged copyright infringement. The stay is granted subject to undertakings and security to protect PPL's interests.

Court Disposition

Stay of proceedings granted

Orders

  • Companies to undertake to prosecute Tribunal proceedings with reasonable expedition
  • Mr Raine to undertake to ensure companies prosecute Tribunal proceedings and to be bound by Tribunal findings