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Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

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When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Narrow Your Focus

Discover Insights :

Entertainment licensing - Nightclub director faces sentencing

Entertainment Licensing

Nightclubs, bars and pubs should get appropriate licensing including entertainment licensing to play sound recordings

PRS for Music and PPL Entertainment Licences

Owners of nightclubs, bars and pubs should pay attention to a recent case. The Phonographic Performance Ltd V Nightclub (London) Ltd [2016] EWHC 892 (Ch) case shows what can happen if venues do not have the proper licensing for recorded music.
 
In short, Phonographic Performance Limited (PPL) applied for an injunction to stop a club owner from playing recorded music without the appropriate licence. This should have been a routine matter except the club owner ignored the PPL until it was too late.

Committal proceedings are proceedings for sending a person to prison. PPL successfully applied for committal of the club owner to prison. PPL had obtained an injunction earlier on preventing the club owner from playing recorded music without the appropriate licence. The club owner ignored it. PPL applied for permission to issue a writ of sequestration against the company and committal against the director for contempt of court. The club owner, who was a director, and the company through which he ran the nightclub were found to be in contempt of court.

Licence to play background music

The background was that PPL gained knowledge that the club was playing recorded music without a licence. A licence for background music was issued. The club was also playing recordings for DJ sets. The club did not have a licence for that type of entertainment. PPL received payment for the licence but it was too late. Payment was only received after an injunction had been obtained. The club owner failed to attend two hearings.

Make sure you have the right music licence at your club, pub or bar

It was held that:

  1. The orders were properly served. The company was in breach of the order and in contempt of court beyond any reasonable doubt.

  2. There had been a wilful failure by the club owner to prevent the breach of the order, PJSC Vseukrainsky Aktsionerny Bank v Maksimov [2014] EWHC 3771 (comm) and IPartner pte Shipping Ltd v. Panacore Resources DMCC [2014] EWHC 3608 (comm) applied.

  3. There was a deliberate failure to attend the application. The checklist in Sanchez Voboz [2015] EWHC 235 (fam), [2015] Fam Law 380 applied.

  4. There would be a separate sentencing hearing. 

It is very difficult to obtain a successful order in committal proceedings. The court must have taken a very dim view of the club owner’s conduct. But this case is not only a good case to remember in entertainment licensing cases. It is important in any case where there is a court order to do something with a penal notice. If you receive an order with a penal notice you should seek legal advice. Do not just ignore it. You could end up at a sentencing hearing if you ignore it. Click here to read our article on Event and Club Promotion Contracts.. Click here to read our article on Live Broadcast Licences.
 
To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston

Entertainment LawPAIL® Support TeamPail Solicitorsentertainment lawyer, media and entertainment lawyer, nightclub and event promotion lawyer, Software Licensing Lawyer