British Sky Broadcasting Group Plc & Anor v Avalonbar Ltd & Anor [2014] ScotCS CSOH_39 (27 February 2014)

British Sky Broadcasting Group Plc & Anor v Avalonbar Ltd & Anor [2014] ScotCS CSOH_39 (27 February 2014)

The court found, on the evidence, that the defenders showed Sky Sports broadcasts containing the pursuers' copyrighted works in the Avalon Bar on both 3 August and 6 September 2013 without authorisation, thereby infringing copyright. The showing on 6 September 2013, after service of interim interdict, constituted a clear breach of the court order and contempt of court by both the company and Sarah McIntosh, as she authorised or permitted the broadcast.

Citation
[2014] ScotCS CSOH_39
Parties
Pursuer: British Sky Broadcasting Group Plc; Pursuer: British Sky Broadcasting Limited; Defender: Avalonbar Limited; Defender: Sarah McIntosh
Jurisdiction
Scotland
Judgment Date
27 February 2014
Procedural Posture
Intellectual Property Action and Contempt Proceedings / Judgment After Proof and Hearing on Contempt
Outcome
Interdict granted; defenders ordained to appear to answer contempt charge; further hearing on punishment and account of profits ordered.
Legal Topics
Copyright Infringement, Interim Interdict, Contempt of Court, Artistic Works, Broadcasting Rights
Intellectual Property Copyright Law Civil Procedure Copyright Infringement Interim Interdict Contempt of Court Artistic Works Broadcasting Rights

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Parties

British Sky Broadcasting Group Plc

Pursuer

British Sky Broadcasting Limited

Pursuer

Avalonbar Limited

Defender

Sarah McIntosh

Defender

Procedural Posture

Intellectual Property Action and Contempt Proceedings / Judgment After Proof and Hearing on Contempt

Legal Issues

  1. 1 Whether the defenders infringed the pursuers' copyright by showing Sky Sports broadcasts without authorisation
  2. 2 Whether the defenders breached an interim interdict and are in contempt of court

Ratio Decidendi

The court found, on the evidence, that the defenders showed Sky Sports broadcasts containing the pursuers' copyrighted works in the Avalon Bar on both 3 August and 6 September 2013 without authorisation, thereby infringing copyright. The showing on 6 September 2013, after service of interim interdict, constituted a clear breach of the court order and contempt of court by both the company and Sarah McIntosh, as she authorised or permitted the broadcast.

Court Disposition

Interdict granted; defenders ordained to appear to answer contempt charge; further hearing on punishment and account of profits ordered.

Orders

  • Perpetual interdict granted against defenders from infringing pursuers' copyright by showing Sky Sports broadcasts in the Avalon Bar.
  • David McIntosh (as representative of Avalonbar Ltd) and Sarah McIntosh ordained to appear before the court to answer the charge of contempt of court and breach of interdict.