Warner Music UK Ltd & Anor v Tunein Inc

Warner Music UK Ltd & Anor v Tunein Inc

The court held that the main judgment justified relief in general terms, not limited to the sample stations, as the findings did not depend on differences between individual stations or recordings. A general injunction was appropriate, provided the claimants maintained a searchable repertoire database. On costs, the claimants were the successful party but were deprived of 25% of their costs to reflect the defendant's success on the economically significant issue of category 1 stations.

Parties
Claimant: Warner Music UK Limited; Claimant: Sony Music Entertainment UK Limited; Defendant: TuneIn Inc
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Intellectual Property / Post Judgment Consequential Orders (injunction and Costs)
Outcome
General injunction granted (stayed pending appeal); claimants awarded 75% of their costs
Legal Topics
Injunctive Relief, Damages Inquiry, Costs, Copyright Infringement, Proportionality of Remedies
Intellectual Property Copyright Injunctive Relief Damages Inquiry Costs Copyright Infringement Proportionality of Remedies

Case Brief

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Parties

Warner Music UK Limited

Claimant

Sony Music Entertainment UK Limited

Claimant

TuneIn Inc

Defendant

Procedural Posture

Intellectual Property / Post Judgment Consequential Orders (injunction and Costs)

Legal Issues

  1. 1 Scope and terms of injunctive relief following copyright infringement
  2. 2 Whether relief should be limited to sample stations or general
  3. 3 Appropriate deduction from costs due to partial success on category 1 stations

Ratio Decidendi

The court held that the main judgment justified relief in general terms, not limited to the sample stations, as the findings did not depend on differences between individual stations or recordings. A general injunction was appropriate, provided the claimants maintained a searchable repertoire database. On costs, the claimants were the successful party but were deprived of 25% of their costs to reflect the defendant's success on the economically significant issue of category 1 stations.

Court Disposition

General injunction granted (stayed pending appeal); claimants awarded 75% of their costs

Orders

  • General injunction to restrain copyright infringement with provision for claimants to maintain a searchable repertoire database
  • Stay of final injunction pending appeal