Performing Right Society v United Artists: Copyright Infringement of Musical Works in Films
The Performing Right Society Ltd and Composers and Authors Society of Singapore Ltd sued United Artists Singapore Theatres Pte Ltd in the High Court of Singapore on March 22, 2001, for copyright infringement. The plaintiffs alleged that United Artists infringed their rights by screening the films 'Jerry Maguire' and 'Titanic,' which contained the plaintiffs' musical works. The court (S Rajendran J) found that United Artists had infringed the plaintiffs' rights in the 'Jerry Maguire' works but not in the 'Titanic' works, as the plaintiffs failed to prove ownership of the copyright in the latter. The court ordered United Artists to pay two-thirds of the plaintiffs' costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs' claim allowed in part.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
PRS sued United Artists for copyright infringement for screening films containing PRS's musical works. The court found infringement for 'Jerry Maguire' but not 'Titanic'.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Composers and Authors Society of Singapore Ltd | Plaintiff | Corporation | Claim allowed in part | Partial | |
| United Artists Singapore Theatres Pte Ltd | Defendant | Corporation | Claim partially successful | Partial | |
| The Performing Right Society Ltd | Plaintiff | Corporation | Claim allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| S Rajendran | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anthony Lee | Bih Li & Lee |
| Karol Goh | Bih Li & Lee |
| Paul Fitzgerald | Arthur Loke Bernard Rada & Lee |
4. Facts
- The Performing Right Society Ltd (PRS) owns rights to musical works.
- Composers and Authors Society of Singapore Ltd is PRS's exclusive licensee in Singapore.
- United Artists Singapore Theatres Pte Ltd exhibits motion pictures.
- United Artists screened 'Jerry Maguire' and 'Titanic' in 1997 and 1998.
- The films contained musical works to which PRS claimed ownership.
- PRS claimed United Artists infringed their rights by screening the films.
- United Artists obtained licenses to screen the films from Buena Vista Columbia Tristar Films and Twentieth Century Fox.
5. Formal Citations
- The Performing Right Society Ltd and Another v United Artists Singapore Theatres Pte Ltd, Suit 600125/2000, [2001] SGHC 54
6. Timeline
| Date | Event |
|---|---|
| United Artists screened the film 'Jerry Maguire'. | |
| United Artists screened the film 'Titanic'. | |
| Suit filed (Suit 600125/2000). | |
| Judgment issued. |
7. Legal Issues
- Copyright Infringement
- Outcome: The court found that United Artists infringed the plaintiffs' rights in the 'Jerry Maguire' works but not in the 'Titanic' works.
- Category: Substantive
- Sub-Issues:
- Public Performance Rights
- Synchronisation Rights
- Related Cases:
- [1998] 40 IPR 225
- EMI Music Australia Pty Ltd v Federation of Australian Commercial Television Stations
- Ownership of Copyright
- Outcome: The court found that the plaintiffs failed to prove that they held the performance rights in respect of the Titanic Works.
- Category: Substantive
- Sub-Issues:
- Assignment of Copyright
- Works Made for Hire
8. Remedies Sought
- Damages for Copyright Infringement
- Injunctive Relief
9. Cause of Actions
- Copyright Infringement
10. Practice Areas
- Copyright Infringement
- Intellectual Property Litigation
11. Industries
- Entertainment
- Film
- Music
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Phonographic Performance Company of Australia Ltd v Federation of Australian Commercial Television Stations | High Court of Australia | Yes | [1998] 40 IPR 225 | Australia | Cited regarding the precedence of rights in sound recordings and cinematograph films, specifically whether broadcasting a film soundtrack constitutes broadcasting the sound recording. |
| EMI Music Australia Pty Ltd v Federation of Australian Commercial Television Stations | Federal Court of Australia | Yes | EMI Music Australia Pty Ltd v Federation of Australian Commercial Television Stations | Australia | Cited regarding the differences in rights comprised in the copyright of sound recordings and cinematograph films. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Copyright Act (Cap 63, 1987 Ed) s 4 | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 26 | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 22(1) | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 117(1) | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 18(1) | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 194 | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 195(1) | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 30 | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 30(6) | Singapore |
| Copyright Act (Cap 63, 1987 Ed) s 130(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Copyright
- Musical Works
- Cinematograph Film
- Performing Rights
- Synchronisation
- Sound Recording
- Deeds of Assignment
- Public Performance
- Infringement
- Work Made for Hire
- Contract of Service
- Contract for Services
15.2 Keywords
- Copyright Infringement
- Performing Rights
- Musical Works
- Cinematograph Film
- Jerry Maguire
- Titanic
- United Artists
- PRS
- Singapore
- Intellectual Property
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Copyrights | 95 |
| Contract Law | 30 |
16. Subjects
- Copyright
- Intellectual Property
- Entertainment Law
- Motion Pictures
- Music