At 07:26 PM Tuesday 10/9/2007, Robert Seeberger wrote: >--===============0792540944== > >http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm > > >A car repair firm has been taken to court accused of infringing >musical copyright because its employees listen to radios at work. >The action against the Kwik-Fit Group has been brought by the >Performing Rights Society which collects royalties for songwriters and >performers. > >At a procedural hearing at the Court of Session in Edinburgh a judge >refused to dismiss the £200,000 damages claim. > >Kwik-Fit wanted the case brought against it thrown out. > >Lord Emslie ruled that the action can go ahead with evidence being >heard. > >The PRS claimed that Kwik-Fit mechanics routinely use personal radios >while working at service centres across the UK and that music, >protected by copyright, could be heard by colleagues and customers. > >It is maintained that amounts to the "playing" or "performance" of the >music in public and renders the firm guilty of infringing copyright. > >The Edinburgh-based firm, founded by Sir Tom Farmer, is contesting the >action and said it has a 10 year policy banning the use of personal >radios in the workplace. > >Playing music > >The PRS lodged details of countrywide inspection data over the audible >playing of music at Kwik-Fit on more than 250 occasions in and after >2005. > >It claimed that its pleadings in the action were more than enough to >allow a hearing of evidence in the case at which they would expect to >establish everything allegedly found and recorded at inspection >visits. > >Lord Emslie said: "The key point to note, it was said, was that the >findings on each occasion were the same with music audibly 'blaring' >from employee's radios in such circumstances that the defenders' >[Kwik-Fit] local and central management could not have failed to be >aware of what was going on." > >The judge said: "The allegations are of a widespread and consistent >picture emerging over many years whereby routine copyright >infringement in the workplace was, or inferentially must have been, >known to and 'authorised' or 'permitted' by local and central >management." > >He said that if that was established after evidence it was "at least >possible" that liability for copyright infringement would be brought >home against Kwik-Fit. > >But Lord Emslie said he should not be taken as accepting that the PRS >would necessarily succeed in their claims. > > >xponent > >Quit Buying Music Maru > >rob
How soon until they file a lawsuit for humming when you don't even realize it? (Or has it already happened somewhere?) -- Ronn! :) _______________________________________________ http://www.mccmedia.com/mailman/listinfo/brin-l
