| From the Where2sing.com forum: Federal Magistrates Court Awards Substantial Damages For Music Copyright Infringement
http://www.mondaq.com/article.asp?articleid=59660
21 April 2008
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The Federal Magistrates Court has awarded the Australasian Performing Right Association ('APRA') significant damages for copyright infringements by the 'Options Tavern' and 'Heat' nightclub venues.
The Court held Options had performed music in public by means of a background music system without a license and Heat had performed music in a manner that brings the premises into a class known as a featured recorded music venues, also without a license. Additionally, Robert Botazzi and Simon Burtonclay were held to have authorised the infringements due to the positions of authority they held with respect to the premises. APRA was awarded compensatory relief of $5,688 and $477.70 interest for the Options breach, and compensatory relief of $16,952.83 and $4,698.76 interest for the Heat breach. APRA also claimed additional damages against the respondents for the flagrant nature of the infringements, and for Botazzi's history of repeat infringement.
The Court awarded additional damages of $180,000 for the Options breach, and of $175,000 for the Heat breach.
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Full court details to be found here:
http://www.austlii.edu.au/au/cases/cth/FMCA/2008/369.html
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