Court of Session rejects Kwik-Fit's attempt to dismiss PRS copyright action

The Scottish Court of Session has rejected Kwik-Fit Group Limited's application to dismiss copyright infringement proceedings brought against it by the Performing Right Society Limited. The proceedings concerned the alleged long-term use of personal radios by Kwik-Fit employees, the music from which was audible to colleagues and customers. If the case continues to trial there will be a number of interesting issues for the trial judge to consider, including the meaning of authorisation under section 16 of the Copyright, Design and Patents Act 1988, as well as whether the use of the radios amounts to the "playing" or "performance" of copyright works in "public". Case: Performing Right Society Limited v Kwik-Fit Group Limited, 5 October 2007.
PLC IPIT & Communications