FBT Productions, LLC v Let Them Eat Vinyl Distribution Ltd & Anor

Decision date: 2 April 2019

Neutral citation: [2019] EWHC 829 (IPEC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

This dispute concerned ownership and alleged infringement of the sound-recording copyright in Eminem’s 1996 album Infinite. The court found FBT owns the sound-recording copyright and that Let Them Eat Vinyl (LTEV) committed primary infringement by pressing vinyl copies. Plastic Head was not liable for secondary infringement because its managing director did not know and had no reason to believe the copies were infringing.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: low

The judgment treats a blank schedule in an agreement intended to list transferred masters as supporting a finding that earlier sound recordings were not assigned, and applies an objective test for “reason to believe”: assess the facts known to the defendant against whether a reasonable distributor in their position would form the belief the copies were infringing. Evidence of contact with MCPS and apparent approval to press capped copies is relevant to whether a distributor had reason to believe copies were infringing.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The court observed (obiter) that the absence of a master tape and manufacture from a WAV file is not determinative of an illegitimate source, and that a distributor’s established lawful business and prompt withdrawal after complaint can be probative of an honest belief in legitimacy.

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