Pubs increasingly targeted in English copyright cases, says RPC
Pubs and clubs that play music are being increasingly targeted in English copyright cases, a law firm has found in a report.
RPC said that music collecting society PPL filed 230 cases against pub and club operators at the English High Court in the 12 months to June 30, 2014—an increase of 10% compared to the year ending June 30, 2013.
The firm’s research also shows a sharp increase in the number of High Court cases brought by the English Premier League. The league filed 36 cases in the year ending June 30, 2014, compared with five the year before.
Paul Joseph, a partner at RPC, said that nightclubs, music venues and pubs are a far easier target for PPL to pursue than illegal online file-sharing sites, which might be based thousands of miles away.
He told legal news website The Law Society Gazette: “While annual music licensing fees are typically modest, unpaid fees can quickly mount up over the course of a few years. PPL is quite willing to go all the way to the High Court to enforce its licences, as well as for the deterrent effect of an order for compensation.”
Adam Rendle, a senior associate at law firm Taylor Wessing, said: “It would be interesting to go behind the figures and see whether the increase has resulted from use (or greater use) of the lower cost regime in the Intellectual Property and Enterprise Court, which became a specialist list of the High Court in 2013.”
He added that it would also be interesting to see whether the figures from the period from July 2013 to June 2014 are anomalous.
Rendle continued: “Of course, the number of cases launched does not necessarily correspond with the number of cases fought–one would expect a substantial portion to settle shortly after issue.”
A spokesperson for PPL told WIPR: “Where unlicensed use of PPL’s repertoire infringes the copyright of its members, PPL has the right to take enforcement action on their behalf. PPL will only take this action as a last resort and will always give businesses a reasonable opportunity to obtain a licence (or resolve any queries or concerns regarding their licence or their need for a licence) before doing so.
“Such action not only protects PPL’s members but ensures that the many businesses who are licensed by PPL are treated fairly.”
She added that in practice, many actions do not go beyond the stage of service of the claim and are dealt with in the Chancery applications court as applications for judgment in default or are settled.
RPC did not respond to WIPR’s request for comment.
