Omnibill (Pty) Ltd vEgpsxxx Ltd & Anor

Omnibill (Pty) Ltd vEgpsxxx Ltd & Anor

The Escortgps website and its South African sub-domain were targeted at the UK, as evidenced by visitor traffic, terms and conditions, and site structure. The first defendant communicated reproductions of the claimant’s artistic works to the UK public, infringing copyright under section 20 of the Copyright Designs and Patents Act 1988. Mr Carter, as sole director and shareholder, personally authorised and jointly committed the infringing acts, making him personally liable.

Parties
Claimant: Omnibill (Pty) Limited; First Defendant: EGPSXXX Limited (in liquidation); Second Defendant: Mr Robert Ashley Carter
Jurisdiction
England and Wales
Judgment Date
17 November 2014
Procedural Posture
Copyright Infringement / Judgment
Outcome
Judgment for the claimant
Legal Topics
Website Copyright Infringement, Communication to the Public, Personal Liability of Director, Targeting Jurisdiction
Intellectual Property Copyright Website Copyright Infringement Communication to the Public Personal Liability of Director Targeting Jurisdiction

Case Brief

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Parties

Omnibill (Pty) Limited

Claimant

EGPSXXX Limited (in liquidation)

First Defendant

Mr Robert Ashley Carter

Second Defendant

Procedural Posture

Copyright Infringement / Judgment

Legal Issues

  1. 1 Whether the Escortgps website and its South African sub-domain communicated reproductions of the claimant’s artistic works to the public in the UK
  2. 2 Whether the website or relevant parts are targeted at the UK
  3. 3 Whether Mr Carter is personally liable for copyright infringement

Ratio Decidendi

The Escortgps website and its South African sub-domain were targeted at the UK, as evidenced by visitor traffic, terms and conditions, and site structure. The first defendant communicated reproductions of the claimant’s artistic works to the UK public, infringing copyright under section 20 of the Copyright Designs and Patents Act 1988. Mr Carter, as sole director and shareholder, personally authorised and jointly committed the infringing acts, making him personally liable.

Court Disposition

Judgment for the claimant

Orders

  • First defendant found liable for copyright infringement under section 20 of the Copyright Designs and Patents Act 1988
  • Second defendant found personally liable for authorisation and joint tortfeasor liability