Multichoice Africa Holdings BV & Anor v Intelvision Limited (CS 46/2020) [2021] SCSC 873 (7 April 2021)

Multichoice Africa Holdings BV & Anor v Intelvision Limited (CS 46/2020) [2021] SCSC 873 (7 April 2021)

The plaintiffs established on a balance of probabilities that they held an exclusive licence to broadcast the CAF tournament in Seychelles, supported by the agreement and letters from CAF's agent. The defendant broadcast the tournament without authorisation, for commercial advantage, and was not covered by statutory exceptions. The unsigned agreement was enforceable due to performance by both parties. The Copyright Act and international treaties applied, making the defendant liable for copyright infringement.

Citation
[2021] SCSC 873
Parties
Plaintiff: MULTICHOICE AFRICA HOLDINGS BV; Plaintiff: SUPERSPORT INTERNATIONAL (PTY) LIMITED; Defendant: INTELVISION LIMITED
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 April 2021
Case Number
CS 46/2020
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiffs
Legal Topics
Broadcasting Rights, Copyright Infringement, Exclusive Licence, International Treaties, Remedies for Infringement
Source Language
English
Intellectual Property Copyright Broadcasting Rights Copyright Infringement Exclusive Licence International Treaties Remedies for Infringement

Case Brief

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Parties

MULTICHOICE AFRICA HOLDINGS BV

Plaintiff

SUPERSPORT INTERNATIONAL (PTY) LIMITED

Plaintiff

INTELVISION LIMITED

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs held an exclusive licence to broadcast the CAF tournament in Seychelles
  2. 2 Whether the defendant's broadcast constituted copyright infringement under the Copyright Act 2014
  3. 3 Whether the unsigned agreement between CAF and the plaintiffs was enforceable

Ratio Decidendi

The plaintiffs established on a balance of probabilities that they held an exclusive licence to broadcast the CAF tournament in Seychelles, supported by the agreement and letters from CAF's agent. The defendant broadcast the tournament without authorisation, for commercial advantage, and was not covered by statutory exceptions. The unsigned agreement was enforceable due to performance by both parties. The Copyright Act and international treaties applied, making the defendant liable for copyright infringement.

Court Disposition

judgment for the plaintiffs

Orders

  • A Commissioner to be appointed to examine the accounts of the defendant and assess the benefit made by the defendant in transmitting the 2019 Total Africa Cup of Nations tournament.
  • The defendant to pay the plaintiffs the sum decided by the court after receipt of the Commissioner's report for breach of copyrights.