Copyright Infringement

Sludge Factory

So, we can't let other people hear us when we listen to our personal radios anymore?

http://news.bbc.co.uk/2/hi/uk_news/scotland/edinburgh_and_east/7029892.stm


Kwik-Fit sued over staff radios
Kwik-Fit site
Kwik-Fit had called for the case to be dismissed
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.

OutOfBreath

oh,
give
me
a
fucking
break

I better be careful that I never play music so loud that passers-by may hear it. :rolleyes:

Peace
Dan

urbanhippie

Hey! Does that mean all those sad fuckers who play their 'music' on their mobiles on the bus or train can be sued?

Seriously though... it's just fucking pathetic.... I thought radio was for listening to?

surfanddestroy

You need a license to listen to a radio in any work place if it is a public place because you are broadcasting the music.
This has always been the case.

Pegasus

surfanddestroy wrote:

You need a license to listen to a radio in any work place if it is a public place because you are broadcasting the music.
This has always been the case.

Nobody better tell my boss!

but it still is stupid since Radio is BY DEFINITION broadcasting!

puremagic

Although a radio station has probably met the requirements against copywrite infringement, that infringement protection is not automatically passed on to the listeners; especially, when the broadcast of the radio station's music is used as an advertisement tool to further the profits of another company, business, or person.

In the story cited, as with many businesses such as doctor offices, an employer will allow for one radio station to be played during normal business hours to allow for a unified employee listening purpose for the comfort of its customers. I don't see this as justification for infringement.

Yet, it is technically infringement when businesses use the music from a radio broadcast as an advertisement tool to lure or entertain customers. Like stores, sidewalk cafes, car washes, etc., who intentionally broadcast songs over a speaker or just loud enough so that the outside public may become enticed to come into their place of business. Knowingly, or unknowingly, they are using the music as a form of advertisement for the business.

Another example, say when a mall broadcasts its music throughout the common areas it could be argued that the purpose of the broadcast is for the comfort of the customer, not entertainment. However, if the music is a regular incorporated feature of the mall, the music becomes an advertisement tool (as in many cases the music has seasonal changes) and qualifies for copywrite protection. If individual stores, within that mall are permitted to broadcast different music that, too, is infringement. The argument that the various music styles utilized by the individual stores further constitutes an advertisement tool for purpose luring and entertainment customers and qualifies as copywrite infringement.

Any business who publically broadcast continuous playlists compiled from various mediums such as cds, dvds, ipods, radios, etc. are in constant violation of copywrite infringement as they can fall into the category of DJs.

LikeAnOpeningBandForTheSun

well thats stupid.

keeponrockin

And the record companies wonder why people have issues with them..

sweetpotato

one more example that the brits are following close behind the u.s. in stupid laws and the general dumbing down of its citizens. bloody good work.