ALAN MACKIE AGAINST MAXI CONSTRUCTION LTD [2017] ScotSC 11 (07 March 2017)

ALAN MACKIE AGAINST MAXI CONSTRUCTION LTD [2017] ScotSC 11 (07 March 2017)

The defender breached the pursuer's copyright by making the photograph available to the public via their website for five years. The defence of innocent infringement was not established due to insufficient evidence of lack of knowledge. Damages were assessed at £750, reflecting half the standard licence fee per year, discounted for mitigating factors, with no additional damages for flagrant use or breach of moral rights.

Citation
[2017] ScotSC 11
Parties
Pursuer: Alan Mackie; Defender: Maxi Construction Ltd
Jurisdiction
Scotland
Judgment Date
07 March 2017
Procedural Posture
Small Claims (copyright Infringement) / Judgment After Proof (trial)
Outcome
Judgment for the pursuer.
Legal Topics
Copyright Infringement, Damages Assessment, Communication to the Public, Innocent Infringement Defence
Intellectual Property Law Copyright Law Copyright Infringement Damages Assessment Communication to the Public Innocent Infringement Defence

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Parties

Alan Mackie

Pursuer

Maxi Construction Ltd

Defender

Procedural Posture

Small Claims (copyright Infringement) / Judgment After Proof (trial)

Legal Issues

  1. 1 Did the defender infringe the pursuer's copyright by making a photograph available to the public via their website?
  2. 2 Was the use of the photograph by the defender innocent?
  3. 3 What is the appropriate measure of damages for the infringement?

Ratio Decidendi

The defender breached the pursuer's copyright by making the photograph available to the public via their website for five years. The defence of innocent infringement was not established due to insufficient evidence of lack of knowledge. Damages were assessed at £750, reflecting half the standard licence fee per year, discounted for mitigating factors, with no additional damages for flagrant use or breach of moral rights.

Court Disposition

Judgment for the pursuer.

Orders

  • Decree for payment of £750 in damages to the pursuer.
  • Defender to pay expenses fixed at £75 (10% of damages).