Law and Hickey Judicial Body

Case 9-1 PERFROMING RIGHT SOCIETY, LIMITED v. HICKEY Judicial torso Zambia, High Court at Lusaka, 1978, Judge Sakala Facts Copyright misdemeanour, Innocence of invasion Injunction for damages Issue Defendant played records of copyright unison during a public performance. Defendant also performed the song with erupt the permission of the copyright owner. This is an infringement and the songs composer wants to be compensated for the use of his song. account Defendant violated copyright laws by performing and playing records at his disco.Defendant did admit, but did non understand that he had violated whatsoever law. Plaintiff filed for an injunction of damages, and both profits earned during the time that his songs were performed and played. stopping point Zambia, High Court at Lusaka ruled that the defendant was not clear about the copyright laws and did not intentionally set out to violate the laws. The court ordered that defendant would be liable for any profits made the ni ght of the disco. RelevancyThis case provides a varan that any invasion of a right of property gives cause of effect to the owner against the person responsible for the invasion, regardless it was intentional or not. If an infringement is admitted , but at the time of the infringement the defendant was not aware and had no reasonable grounds for suspecting copyright subsisted in the work , or other subject matter to which the action relates, plaintiff is not authorise to damages , but is entitled to an account of profits.The judge was very disposition defendant claims that he was not aware of copyright infringement. I rally one needs to consider moral rights, as a avocation owner, one knows that authorises are usually needed to run a eating place , disco , and club. A license is needed for the business establishment, a license if needed to serve alcohol, I suppose it slipped his mind in regards to the euphony he chose to play and perform. Reference International Business L aw, Text, Cases, and Readings, August, Mayer, and Bixby, Fifth rendering