Source:	All England Reporter
Publisher Citation:	[2012] All ER (D) 115 (Feb)
Neutral Citation:	[2012] EWHC 108 (Ch)
Court:	Chancery Division
Judge:	Kitchen J
Representation	James Mellor QC, Helen Davies QC, Charlotte May and James Whyte (instructed by DLA Piper LLP) for the first, second and third claimants.
	James Flynn QC (instructed by Allen & Overy LLP) for the fifth claimant.
	Martin Howe QC, Andrew Norris and Thomas St Quintin Instructed by Smithfield Partners) on behalf of Mr Richardson, QC Leisure, Mr Raval, Mr Greenslade and SR Leisure Ltd and (instructed by Molesworth Bright Clegg) on behalf of the other defendants.
	Sarah Lee and Simon Malynicz (instructed by the Treasury Solicitor) for the intervenor.
Judgment Dates:	3 February 2012

Catchwords

Copyright - Infringement - Defence - Defendants either permitting broadcasting or broadcasting sporting events on public house televisions - Claimants alleging breach of their copyright - Court deciding on some issues and referring question of interpretation of phrase 'communication to the public' to Court of Justice of the European Communities - ECJ making ruling - Court considering effect of ruling on remaining issues in case - Whether, inter alia, appropriate for court to grant injunction to prevent further infringement of claimants' copyright - Directive 2001/29/EC, art 3(1) - art 81 EC.

The Case

Copyright Infringement. The Chancery Division made rulings in a case concerning the unauthorised broadcast of football matches in public houses, where it was alleged that the broadcasting infringed the claimants' copyright, following rulings regarding the meaning of 'communication to the public' as set in art 3(1) of the Directive (EC) 2001-29 (on the harmonisation of copyright and related rights in the information society).

Practice Areas

• Company Commercial

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