LOUIS TAN PRODUCTIONS LTD. and Another v. SPRING TIME FILM PRODUCTIONS LTD. and Another

LOUIS TAN PRODUCTIONS LTD. and Another v. SPRING TIME FILM PRODUCTIONS LTD. and Another

There was a good arguable case that the 1st Defendant breached clause 8 by licensing and enabling manufacture/distribution of videograms without the required further negotiation/consent; the 2nd Plaintiff\'s performer\'s rights were potentially infringed with no written assignment under s.216B; damages would be difficult to assess and may be inadequate; the balance of convenience and the adequacy of the plaintiffs\' undertaking favoured granting an interlocutory injunction.

Citation
LOUIS TAN PRODUCTIONS LTD. and Another v. SPRING TIME FILM PRODUCTIONS LTD. and Another
Parties
1st Plaintiff: Louis Tan Productions Ltd.; 2nd Plaintiff: Cecilia Yip Tung alias Lee Sze Sze Cecilia; 1st Defendant: Spring Time Film Productions Ltd.; 2nd Defendant: UNIVESE LASER AND VEDIO CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 1998
Case Number
HCA587/1998
Procedural Posture
Civil Injunction (copyright) / Interlocutory Injunction Application (pre Trial)
Outcome
Interlocutory injunction granted restraining the defendants from manufacturing video tapes, VCDs, laser discs or other recordings of the performance "Night in Shanghai".
Legal Topics
Performer\'s Rights, Interlocutory Injunction, Breach of Contract, Royalty/licensing, Assignment Formalities
Source Language
EN
Copyright Contract Intellectual Property Civil Procedure Performer\'s Rights Interlocutory Injunction Breach of Contract Royalty/licensing +1 more

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Parties

Louis Tan Productions Ltd.

1st Plaintiff

Cecilia Yip Tung alias Lee Sze Sze Cecilia

2nd Plaintiff

Spring Time Film Productions Ltd.

1st Defendant

UNIVESE LASER AND VEDIO CO. LTD.

2nd Defendant

Procedural Posture

Civil Injunction (copyright) / Interlocutory Injunction Application (pre Trial)

Legal Issues

  1. 1 Whether the 1st Defendant breached the parties\' agreement by licensing and authorising manufacture and distribution of videograms without further negotiation/consent as required by clause 8
  2. 2 Whether the 2nd Plaintiff\'s performer\'s economic rights were infringed absent a written assignment as required by s.216B of the Copyright Ordinance (Cap.39)
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

There was a good arguable case that the 1st Defendant breached clause 8 by licensing and enabling manufacture/distribution of videograms without the required further negotiation/consent; the 2nd Plaintiff\'s performer\'s rights were potentially infringed with no written assignment under s.216B; damages would be difficult to assess and may be inadequate; the balance of convenience and the adequacy of the plaintiffs\' undertaking favoured granting an interlocutory injunction.

Court Disposition

Interlocutory injunction granted restraining the defendants from manufacturing video tapes, VCDs, laser discs or other recordings of the performance "Night in Shanghai".

Orders

  • Interlocutory injunction restraining the defendants from manufacturing, distributing or otherwise exploiting videograms or recordings of the performance "Night in Shanghai"
  • Plaintiffs\' undertaking as to damages accepted by the court