Naxos Wins Court Battle Against www.royalty-free-classical-music.org
October 17, 2012
In the Court of Session in Edinburgh, Naxos Rights International Limited has won an important victory in its action against Project Management [Borders] Limited and its sole director and shareholder, Keith Joseph Salmon. Project Management [Borders] Limited trades as a licensor of classical music recordings through the website www.royalty-free-classical-music.org.
The action was brought by Naxos in respect of 13 tracks [the 12 movements of Vivaldi’s Four Seasons and Joy to the World] offered on www.royalty-free-classical-music.org as performed by the RFCM Symphony Orchestra.
The Court found that Project Management [Borders] Limited and Mr Salmon had infringed Naxos’ copyright in all 13 tracks. The original Naxos tracks were recorded by Takako Nishizaki and the Capella Istropolitana conducted by Stephen Gunzenhauser and by the Worcester Cathedral Choir conducted by Donald Hunt.
The Court ordered Project Management [Borders] Limited to remove the infringing recordings from the website and to disclose all licences granted and sales made. It also reserved to Naxos Rights International Limited the right to seek damages and an accounting for profits from the company.
The Court also found Mr Salmon liable as a principal and ordered him to disclose all licences granted and sales made. The Court will also award the expenses of the case against the company and Mr Salmon jointly and severally and expenses of the three-day hearing against Mr Salmon personally.
The judgment can be found in full at: www.scotcourts.gov.uk/opinions/2012CSOH158.html