Mr Video (Pty) Ltd and Others v Nu Metro Filmed Entertainment (Pty) Ltd and Others (472/08) [2009] ZASCA 127; [2010] 2 All SA 34 (SCA); 2009 BIP 302 (SCA) (29 September 2009)

Mr Video (Pty) Ltd and Others v Nu Metro Filmed Entertainment (Pty) Ltd and Others (472/08) [2009] ZASCA 127; [2010] 2 All SA 34 (SCA); 2009 BIP 302 (SCA) (29 September 2009)

The Supreme Court of Appeal held that Nu Metro had sufficient standing to participate in the proceedings, as it was appointed as the only local distributor of the films and the Video Group admitted their conduct infringed the Owners' copyright. The order for delivery up of zone 1 DVDs was justified because the imported DVDs were acquired for an unlawful purpose, and there was no lawful use for them in South Africa. The lower court's discretion in granting the order was properly exercised. The special costs orders were warranted due to the Video Group's persistent opposition despite knowing their conduct was unlawful, and their attempt to circumvent copyright protections. The appeal was...

Citation
[2009] ZASCA 127
Parties
Appellant: Mr Video (Pty) Ltd; Appellant: Mr Video, Corner of Durban & Raglan Streets (Bellville); Appellant: Mr Video, Claremon; Appellant: Mr Video, Delmar Centre (Parow); Appellant: Mr Video, Sable Square (Milnerton); Appellant: Mr Video, Vrijzee (Goodwood); Appellant: Mr Video, Aroma Village (Brackenfell); Appellant: Mr Video, 244 Voortrekker Road (Parow); Appellant: Mr Video, Cape Gate Lifestyle Centre (Brackenfell); Appellant: Mr Video, 187 Voortrekker Street (Bellville); Appellant: Mr Video, 94D Voortrekker Road (Goodwood); Appellant: Mr Video, Van Riebeeck Road (Kuilsriver); Appellant: Mr Video, 7/11 Centre (Kuilsriver); Appellant: Mr Video, Parklands; Appellant: Mr Video, Durbanville; Appellant: Mr Video, Mowbray; Appellant: Mr Video, Gardens; Appellant: Mr Video, Sea Point; Appellant: Mr Video, Lakeside Mall (Benoni); Appellant: Mr Video, Cedar Square (Fourways); Appellant: Mr Video, Northcliff; Appellant: Mr Video, The Buzz Shopping Centre (Fourways); Appellant: Mr Video, Albermarle Centre (Germiston); Respondent: Nu Metro Filmed Entertainment (Pty) Ltd; Respondent: Twentieth Century Fox Film Corporation; Respondent: Disney Enterprises Inc; Respondent: Warner Bros Entertainment Inc; Respondent: Videovision Entertainment (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2009
Case Number
472/08
Procedural Posture
Civil Appeal / Appeal From High Court, Cape Town
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Harms, Lewis, Snyders, Hurt, Tshiqi
Legal Topics
Copyright Infringement, Locus Standi, Delivery Up of Infringing Articles, Costs Award, Exclusive Licence Rights
Intellectual Property Civil Procedure Copyright Infringement Locus Standi Delivery Up of Infringing Articles Costs Award Exclusive Licence Rights

Case Brief

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Parties

Mr Video (Pty) Ltd

Appellant

Mr Video, Corner of Durban & Raglan Streets (Bellville)

Appellant

Mr Video, Claremon

Appellant

Mr Video, Delmar Centre (Parow)

Appellant

Mr Video, Sable Square (Milnerton)

Appellant

Mr Video, Vrijzee (Goodwood)

Appellant

Mr Video, Aroma Village (Brackenfell)

Appellant

Mr Video, 244 Voortrekker Road (Parow)

Appellant

Mr Video, Cape Gate Lifestyle Centre (Brackenfell)

Appellant

Mr Video, 187 Voortrekker Street (Bellville)

Appellant

Mr Video, 94D Voortrekker Road (Goodwood)

Appellant

Mr Video, Van Riebeeck Road (Kuilsriver)

Appellant

Mr Video, 7/11 Centre (Kuilsriver)

Appellant

Mr Video, Parklands

Appellant

Mr Video, Durbanville

Appellant

Mr Video, Mowbray

Appellant

Mr Video, Gardens

Appellant

Mr Video, Sea Point

Appellant

Mr Video, Lakeside Mall (Benoni)

Appellant

Mr Video, Cedar Square (Fourways)

Appellant

Mr Video, Northcliff

Appellant

Mr Video, The Buzz Shopping Centre (Fourways)

Appellant

Mr Video, Albermarle Centre (Germiston)

Appellant

Nu Metro Filmed Entertainment (Pty) Ltd

Respondent

Twentieth Century Fox Film Corporation

Respondent

Disney Enterprises Inc

Respondent

Warner Bros Entertainment Inc

Respondent

Videovision Entertainment (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Cape Town

Legal Issues

  1. 1 Whether Nu Metro had locus standi to participate in proceedings to restrain copyright infringement.
  2. 2 Whether the Owners were entitled to an order for delivery up of infringing articles under section 24(1) of the Copyright Act.
  3. 3 Whether special orders for costs were justified against the Video Group.

Ratio Decidendi

The Supreme Court of Appeal held that Nu Metro had sufficient standing to participate in the proceedings, as it was appointed as the only local distributor of the films and the Video Group admitted their conduct infringed the Owners' copyright. The order for delivery up of zone 1 DVDs was justified because the imported DVDs were acquired for an unlawful purpose, and there was no lawful use for them in South Africa. The lower court's discretion in granting the order was properly exercised. The special costs orders were warranted due to the Video Group's persistent opposition despite knowing their conduct was unlawful, and their attempt to circumvent copyright protections. The appeal was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include the costs of two counsel.
  • The orders of the High Court, Cape Town, are confirmed.