SKY LTD AND ANOTHER AGAINST CHRISTOPHER AIRLIE [2024] ScotCS CSOH_22 (01 March 2024)

SKY LTD AND ANOTHER AGAINST CHRISTOPHER AIRLIE [2024] ScotCS CSOH_22 (01 March 2024)

The defender infringed the first pursuer's copyright by authorising and facilitating the communication of copyrighted graphics to the public at the Troll Inn, including via customer devices using the Sky Go app, as this constituted communication to a new public not contemplated by the copyright owner. The audience, though small and regular, was not private or domestic, and the acts were profit-motivated. The infringement persisted after warning, justifying declarator, perpetual interdict, damages, and a publication order.

Citation
[2024] ScotCS CSOH_22
Parties
First Pursuer: Sky Limited; Second Pursuer: Sky UK Limited; Defender: Christopher Airlie
Jurisdiction
Scotland
Judgment Date
01 March 2024
Procedural Posture
Copyright Infringement Action / Judgment After Proof (trial)
Outcome
Judgment for the pursuers
Legal Topics
Copyright Infringement, Communication to the Public, Damages Assessment, Interdict (injunction), Publication Orders
Intellectual Property Copyright Law Copyright Infringement Communication to the Public Damages Assessment Interdict (injunction) Publication Orders

Case Brief

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Parties

Sky Limited

First Pursuer

Sky UK Limited

Second Pursuer

Christopher Airlie

Defender

Procedural Posture

Copyright Infringement Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender infringed copyright in artistic works (graphics) by communicating them to the public at licensed premises without a commercial licence
  2. 2 Whether the showing of broadcasts via the Sky Go app on customer devices constituted communication to the public
  3. 3 Assessment of damages for copyright infringement

Ratio Decidendi

The defender infringed the first pursuer's copyright by authorising and facilitating the communication of copyrighted graphics to the public at the Troll Inn, including via customer devices using the Sky Go app, as this constituted communication to a new public not contemplated by the copyright owner. The audience, though small and regular, was not private or domestic, and the acts were profit-motivated. The infringement persisted after warning, justifying declarator, perpetual interdict, damages, and a publication order.

Court Disposition

Judgment for the pursuers

Orders

  • Declarator of copyright infringement pronounced against the defender
  • Perpetual interdict granted against repetition of the infringing conduct