COPYRIGHTLocal authority playing sound recordings at aerobics classes - authority not 'organisation ...

concerned with the advancement of ...

social welfare' - not entitled to statutory copyright exemptionPhonographic Performance Ltd v South Tyneside Metropolitan Borough Council: ChD (Neuberger J): 23 November 2000The local authority ran aerobics and keep fit classes at which sound recordings were played.

The claimants commenced proceedings alleging that the defendants had infringed their copyright in the recordings.

On the hearing of a preliminary issue, the local authority contended that it was an organisation the main purposes of which were charitable or otherwise concerned with the advancement of religion, education or social welfare, and as a result it could rely on the copyright infringement exemption contained in s.67 of the Copyright, Designs and Patents Act 1988.Presiley Baxendale QC and Stephen Bate (instructed by Hamlin Slowe) for the claimants.

Roger Wyand QC and Ashley Roughton (instructed by Head of Legal Services, South Tyneside Metropolitan Borough Council, South Shields) for the local authority.Held, determining the preliminary issue in favour of the claimant, that on a natural reading of s.67 a local authority could not sensibly be said to fall within its ambit; that the word 'organisation' in s.67(1) was preceded by the words 'club' and 'society' and, applying the ejusdem generis rule, a local authority was therefore not an 'organisation'; that if the authority's contention were correct the section would have a very wide ambit which would include most arms of government and local government, this being a result that Parliament could not have intended; that in light of the authorities 'social welfare' was not an objective of local authorities; and that, in accordance with this a local authority could not avail itself of the exemption contained in s.67.