Smash fined for copyright offences

Smash Radio has been fined Lm500 by Mr Justice Noel Cuschieri in the First Hall of the Civil Court after the court concluded that the station had broadcast copyrighted material without a licence.

The judgment was delivered after The Performing Right Society Ltd, of England, filed its writ against Joseph Baldacchino, on behalf of Smash Recordings Ltd.

The foreign company claimed in its writ, filed in 1994, that the radio station had broadcast a number of songs, including "We Are The Champions", and "I Still Haven't Found What I'm Looking For" in July of 1994.

The company added that Smash Radio had not applied for or obtained a licence from the company to broadcast these songs, and it requested the court to condemn the radio station to pay a penalty in terms of the Copyright Act and to prohibit the radio station from broadcasting, in an unauthorised manner, any works covered by copyright.

Mr Justice Cuschieri pointed out in his judgment that The Performing Right Society Ltd was a company composed of shareholders who all had rights of copyright over musical works.

All the artists assigned their rights of copyright in the works to the company which, in turn, issued licences in favour of third parties who wished to broadcast the works.

The company also ensured that the artistes were compensated for the broadcast of their works. The court added that it clearly resulted that Smash Radio had, without authorisation, broadcast a number of songs the copyright in which was vested in the foreign company.

Mr Justice Cuschieri imposed a Lm500 penalty on Smash Radio and ordered the radio station to immediately stop broadcasting the musical works.