November 7, 2016

Reporting on its recent litigation success, PRS for Music says that on 25 October 2016 Club Miya, in Chelmsford Essex, which has featured prominently in the ITV show The Only Way Is Essex, was banned from playing music and ordered to pay music licensing organisations PPL and PRS for Music’s outstanding legal costs for playing recorded music without a licence.

The case centred on one of the defendants, Ms Kerry Ormes.  Ms Ormes was the nightclub’s Designated Premises Supervisor (DPS), the key person charged with the day-to-day management of premises under the Licensing Act 2003.  Ms Ormes denied being responsible for any infringement at the club, claiming she was not the manager or proprietor, or had any proprietary interest in the running of the club.

Master Clark, who gave the Judgment, found that Ms Ormes was liable for authorising and procuring acts infringing copyright, namely the playing of sound recordings and musical works at the club without licences from PPL and PRS for Music.  In giving her judgment, Master Clark accepted PPL’s and PRS’ argument that it would be unusual for a DPS not to be a person who had managerial control of the premises in order to meet the licensing objectives.

Further, the evidence showed that Ms Ormes acted as the manager of the nightclub, and that her managerial responsibilities would generally include the booking of DJs and promoters.  Master Clark therefore granted PPL and PRS for Music an injunction against the club to prevent further infringement by Ms Ormes at any public premises and awarded damages against Ms Ormes personally.  A costs hearing will take place in January 2017.

Paul Clements, Commercial Director at PRS for Music, said: “Music can have many positive benefits for business, whether used for staff and customer entertainment, or to enhance financial gain/profits. We support businesses across all sectors with licensing advice, so that music can be enjoyed by all, and in-turn ensure that the creators of music are fairly and legitimately paid for their work”.

Christine Geissmar, Operations Director at PPL said: “There is an intrinsic value that music adds to businesses, and this judgment acknowledges that the creators of the music should be fairly rewarded for this.  This ruling demonstrates how seriously the courts treat copyright infringement and reiterates that music can only be played in public if the right licences are obtained.  Those businesses that choose to play recorded music without a licence will face legal action as a result.

“PPL and PRS for Music regards legal proceedings as very much a last resort but unfortunately they are sometimes necessary.  … In this instance, in spite of us repeatedly contacting the business owner to get the correct licensing in place, this case was taken to the High Court in London, where the owner was banned from playing any copyrighted recorded music at the venue until a licence is purchased”.  To read PRS for Music’s press release in full, click here.  To read the judgment in Phonographic Performance Ltd v CGK Trading Ltd [2016] EWHC 2642 (Ch) (25 October 2016), click here.