|Portrait of the artist|
as a young man ...
HHO was shown to have made Minder’s recording available to a third party partner, Cleopatra Records Inc, which subsequently sold recordings to the public, both as part of physical packages and digitally. The court granted a permanent injunction against HHO and also awarded Minder damages and costs (the latter being estimated at a little over £40,000).
According to a note on this decision on the Lawtel subscription-only service, the damages were not merely compensatory but also additional (= punitive) because,
"although the defendant had not received a significant benefit in licensing a music track, it was a fragrant [sic] and deliberate infringement and it had demonstrated a reckless attitude".The parties were actually some way apart on the question of quantum. Minder's claim that it was entitled to up to £14,000 was described as "inflated", while HHO's contention that Minder should receive no more than a few hundred pounds was "clearly wrong". The judge eventually settled for a sum of £3,500 for compensatory damages. As for additional damages, it was plain that HHO had a reckless attitude towards its infringement and "could not have cared less". A further £3,500 in damages was therefore awarded on this basis.
The Blues: Rod Stewart and Python Lee Jackson, here
Post a Comment