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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11557
Experience:  30 years as a practising solicitor.
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What enforcement rights does the Copyright Licensing Agency

Resolved Question:

What enforcement rights does the Copyright Licensing Agency in the UK have to take action against a (Scottish) public authority if the public authority does not hold a Public Administration Licence, when the public authority in question is carrying out copying of copyright works? I cannot find the authority for the Copyright Licensing Agency being able to raise copyright infringement proceedings, as my understanding is that that the Copyright Licensing Agency is neither the owner nor the exclusive licensee of the rights that it licences under a Public Administration Licence. However, I know that quite recently the Copyright Licensing Agency raised court proceedings against Hove & Brighton Council for copyright infringement because the Council did not have a Public Administration Licence, but because that case was settled out of court I have been unable to see from that case how the Copyright Licensing Agency had title/grounds to sue the Council. Please could you clarify the Copyright Licensing Agency's enforcement rights where a public authority that should have a Public Administration Licence does not have one? Thank you in anticipation of your assistance
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a lawyer in Scotland with an interest in media and intellectual property law.
You are quite right. The CLA instigates litigation on behalf of copyright owners as an agent for those copyright owners. That is similar to the function of PPL and PRS who collect royalties on behalf of musicians and recording companies.
The title to sue is derived from the mandate granted to them by those who authorise the collection of royalties on their behalf so they are an agent and than can only raise proceedings as an agent on behalf of copyright owners. In the case of a local authority those copyright owners would have to be disclosed as such in any court action.
The title to sue is part of the mandate granted to the CLA by those that benefit from their services.
I hope this helps. Please leave a positive response so that I am credited for my time.
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