- Public performance and communication to the public—request for extended disclosure (Performing Right Society v Qatar Airways)
- What are the practical implications of this application for extended disclosure in terms of the courts approach to communication to the public right?
- What was the background?
- What did the court decide?
- Case details
IP analysis: This case involves an allegation by Performing Right Society (PRS) of copyright infringement against Qatar Airways in relation to content played by Qatar Airways on its in-flight entertainment system. The case is complex and raises various jurisdictional issues. Specifically, Qatar Airways is alleged to have infringed copyright under UK law and Qatari law, but also potentially the laws of those territories in which a flight has set off or landed and/or passed over. The parties agreed to a preliminary issues trial dealing with issues of principle under UK and Qatari law. In preparing for that preliminary issues trial, the parties sought an order for extended disclosure. Deputy Master Francis ordered extended disclosure in relation to those issues which the court would require contemporaneous documents to resolve fairly. He also focused on the proportionality of the disclosure sought by each side, taking into account the size of the parties, the complexity of the litigation and its importance to the parties. Written by Joshua Marshall, senior associate, at Fieldfisher LLP.
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