Phonographic Performance Ltd v Reader [2005] EWHC 416 (Ch) (22 March 2005)

Phonographic Performance Ltd v Reader [2005] EWHC 416 (Ch) (22 March 2005)

Where copyright infringement is committed in deliberate and flagrant breach of an injunction, the claimant is entitled to recover as additional damages both the costs of investigation and enforcement and a sum equal to the unpaid licence fees, as these are foreseeable losses and the infringement is flagrant.

Citation
[2005] EWHC 416 (Ch)
Parties
Claimant: Phonographic Performance Limited; Defendant: Stephen Russell Reader
Jurisdiction
England and Wales
Judgment Date
22 March 2005
Procedural Posture
Copyright Infringement and Contempt of Court / Assessment of Additional Damages Following Finding of Contempt
Outcome
Claim for additional damages allowed.
Legal Topics
Copyright Infringement, Additional Damages, Contempt of Court, Licensing, Damages Assessment
Intellectual Property Copyright Law Copyright Infringement Additional Damages Contempt of Court Licensing Damages Assessment

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Parties

Phonographic Performance Limited

Claimant

Stephen Russell Reader

Defendant

Procedural Posture

Copyright Infringement and Contempt of Court / Assessment of Additional Damages Following Finding of Contempt

Legal Issues

  1. 1 Whether additional damages should be awarded for copyright infringement committed in breach of an injunction
  2. 2 Whether the claimant can recover costs incurred in investigating and pursuing the defendant for unlicensed public performance of sound recordings
  3. 3 Whether damages can be summarily assessed or require an enquiry

Ratio Decidendi

Where copyright infringement is committed in deliberate and flagrant breach of an injunction, the claimant is entitled to recover as additional damages both the costs of investigation and enforcement and a sum equal to the unpaid licence fees, as these are foreseeable losses and the infringement is flagrant.

Court Disposition

Claim for additional damages allowed.

Orders

  • Defendant to pay as additional damages the costs of the enquiry agents and a sum equal to the unpaid licence fees down to the date of the application to commit.
  • Claimant entitled to costs of the application.