Cases

Phonographic Performance Ltd v South Tyneside Metropolitan Borough Council

Facts

The Defendant council ran aerobics and keep-fit lessons for the public at its sports facilities. During these lessons, the Claimant's musical recordings were played. The council claimed that these lessons were "activities of, or for the benefit of, a club, society or other organisation (which was) not established or conducted for profit and (whose) main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare..." such that its use of the recordings fell within the infringement exception in s.67 of the Copyright, Designs and Patents Act. This hearing was the trial of the preliminary issue of whether the council was entitled to the benefit of s.67.

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