Radio station ordered to pay damages over copyright

Island Sound Radio was yesterday ordered by Mr Justice Giannino Caruana Demajo in the First Hall of the Civil Court to pay over Lm8,000 in damages to The Performing Right Society Ltd.

In its writ filed on its behalf by Dingli Co International Ltd, the British company claimed that Island Sound Ltd, the owner of the radio station, had broadcast music that was protected by copyright administered by it.

Island Sound had not requested, let alone been issued with, a licence to broadcast the music and the company claimed the station was violating the copyright vested in the music.

As a result, The Performing Right Society Ltd had sustained damages consisting in the royalties that ought to have been paid according to law.

On its part, Island Sound claimed that plaintiff's claim was barred by lapse of time.

Furthermore, the radio pleaded that the company was not authorised to administer the copyright and that evidence had to be forthcoming that the artistes had given their mandate to The Performing Right Society Ltd.

In its judgment, the court noted that The Performing Right Society was a company composed of persons who had rights of copyright on musical works. All those persons assigned their rights of copyright to the company which, in turn, issued licences to those persons who wanted to make use of those musical works, as for example by broadcasting them.

The company then passed on the licence fees to its members. The company had been authorised by its individual members to represent them and Mr Justice Caruana Demajo added that the relevant documents had been exhibited before the court.

The Performing Right Society Ltd had, in turn, appointed Dingli Co International Ltd to represent it in Malta and was aware of the procedures filed in Malta.

The court noted that in March 1993 The Performing Right Society had granted a licence to Island Sound to broadcast the musical works the company administered.

This licence was valid up to December 31, 1995 and it did not result it had been renewed, as Island Sound had not agreed with the fee quoted by the company.

However, although Island Sound did not have a licence, the radio station had continued to broadcast musical works.

The court dismissed Island Sound's plea that the claim against it was time-barred.

It resulted that the British company had interrupted the prescriptive period by filing a judicial letter against the radio.

Mr Justice Caruana Demajo upheld the company's request and liquidated the damages sustained by it in the sum of Lm8,452.33.

As it resulted that Island Sound had paid the sum of Lm1,300 to the company, the court condemned the station to pay The Performing Right Society the sum of Lm7,152.33 in damages.