New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Public performance

Legal area

Court

3 Oct 2019

AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LTD v JT HI FI LTD [2019] NZHC 2508 [3 October 2019]

Citation

[2019] NZHC 2508
Court

High Court

Evidence established the works were publicly performed in the retail premises and authorised by JT Hi Fi and Mr Tom, who were aware since at least 1 July 2014 that a licence was required; compensatory damages equal to the licence fees for the period were awarded and, because the infringement was deliberate and flagrant, additional damages of $15,000 under s 121(2) were appropriate; an injunction was necessary to prevent future infringements.
27 Nov 2018

AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LTD v 3228 BUSINESS LTD [2018] NZHC 3088

Citation

[2018] NZHC 3088
Court

High Court

APRA proved it owned the copyright and that the defendants repeatedly performed APRA's repertoire in public without a licence; in the absence of any defence and given evidence of repeated performances and flagrant conduct the Court awarded compensatory damages equivalent to the licence fees APRA would have charged, additional statutory damages under s121(2) for flagrancy, a permanent injunction restraining further unlicensed public performance, and costs on a 2B basis.