Liability of a Premises Licence Holder for Breach of Music Copyright

We have just seen report of a recent case involving Phonographic Performance (PPL) in which the Defendant who was the Premises Licence Holder and DPS of the venue affected, sought to avoid liability on the ground that he was simply an employee of the Company that owned and operated the premises.  In this, he failed.  It was held that, as a matter of law, being an employee is not a defence to a claim for primary infringement. 

Further, in order to be entitled to a final injunction, as opposed to an interim summary judgment, PPL was required to show that the Premises Licence Holder was likely to continue his infringement.  The evidence showed that he had been working on the premises on the day in question and had been involved with the premises for a considerable time as was shown by the log of licensing applications made by him.  So the risk of direct infringement continuing was proved.

The operator was not represented on the hearing.

Although the particular facts of this case are fairly narrow, it would appear clear that someone operating premises, if only an employee, is likely to have responsibility in terms of possible breach of copyright for what takes place on the premises and particularly so if he happens to be the DPS and / or Premises Licence Holder.

Phonographic Performance Ltd –v Nash [2014] EWHC 3986 (Ch).