Our client is responsible for collecting royalties on behalf of its members who are the vast majority of music artists. Royalties are due from businesses who play our client's members' music. Playing music without a licence is an infringement of our client's copyright.
We successfully raised contempt of court proceedings against a persistent infringer of our client's copyright. The action was defended by the infringer and resulted in a contested evidential hearing. Due to the robust and convincing case presented on behalf of our client, the court found the infringer in contempt of court and imposed criminal sanctions.
This matter combined our specialist knowledge of intellectual property law with our detailed knowledge of court process. Our clients’ business model is based upon a zero-tolerance policy to IP infringement. Our client’s reputation in this area is very important and positive PR is key to educating potential infringers. Our expertise resulted in a positive outcome for the client which will allow it to further publicise that zero-tolerance policy.
Key highlights
- Successful in rare contempt of court proceedings against a persistent copyright infringer.
- Presented a robust and convincing case at an evidential hearing which led to the court imposing criminal sanctions.
- The result will generate positive PR for the client which will demonstrate its zero-tolerance approach to infringement.
Outcome
This is a rare example of contempt of court proceedings in Scotland relating to breach of an interdict.
Our skills and specialist intellectual property expertise guided the client through the process which included a full evidential hearing in the Court of Session involving evidence from witnesses including investigators who witnessed and recorded the infringement.
The successful outcome will allow the client to publicise its zero-tolerance approach to copyright infringement.
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