IP Case Law library

Facts

The Applicants filed a notice of motion on July 31 2017, seeking orders to restrain the Respondent from demanding and collecting royalties for copyrighted musical works. The basis of the application is the expiry of the Respondent’s licence on December 31 2016, stopping it from collecting royalty operations.

Issue

Whether a temporary injunction should be granted to restrain the Respondent from collecting royalties for copyrighted musical works.
Rule
Giella v Cassman Brown - The conditions for granting an interlocutory injunction are that an applicant must
I. show a prima facie case with a probability of success
Ii. demonstrate irreparable harm without the injunction
Ii. if in doubt the court shall decide the application on the balance of convenience

Section 46 (1) of the Copyright Act - No person or association of persons shall commence or carry on the business of a copyright society except under or in accordance with a certificate of registration granted under this section

Analysis

The Respondent’s licence as a Collective Management Organisation expired on December 31 2016, with a declined renewal communicated on February 17 2017. Despite the expired licence and directive to cease operations the Respondent continued to collect royalties. The Court found that the Applicants had established a prima facie case with a probability of success due to the Respondent’s actions in defiance of the law and directives.

Conclusion

Pending the hearing, the Respondent is restrained from demanding and collecting royalties for copyrighted musical works.