The Labour Party's multimedia company One Productions Ltd will have to pay damages to The Performing Right Society of London after having been found guilty of broadcasting music without the necessary licence and without paying royalties.
Dingli Co. International Ltd, the local representative of The Performing Right Society, claimed in its writ that the station had broadcast musical works that were covered by copyright starting in 1994.
One Productions had not applied for a licence from The Performing Right Society to broadcast the music, which licence was required in terms of the law governing copyright in Malta.
As a result, One Productions violated the authors' copyright and failed to pay the royalties that were due when the work was played on the radio station.
One Productions admitted to broadcasting the music but said that it was common for it to receive CDs from their producers to be broadcast. As a result the company did not feel it was bound to pay copyright fees when it was the authors of the musical works who had given the discs to it free of charge.
One Productions also pointed out that it did not make any profit from broadcasting music.
However, Mr Justice Gino Camilleri said it was the responsibility of the radio station to ensure that the performing rights were covered by a licence.
In conclusion the Court found that One Productions had broadcast music without a licence. The case was put off for the liquidation of damages due.