Att. Gen. v Howard

CourtMagistrate’s Court (Jersey)
JudgeDorey, Relief Magistrate),
Magistrate's Court
Dorey, Relief Magistrate),

INTELLECTUAL PROPERTYCOPYRIGHTinfringementunauthorized video recording

The term "ouvrage" in the Loi (1913) au sujet des droits d'auteur, art. 1, to indicate the subject-matter being protected by the law, is wide enough to include a video recording. The selling of an unauthorized copy of a recording, which falsely purports to be genuine and authorized, therefore amounts to an offence under the Merchandise Marks (Jersey) Law 1958, art. 5(2), since the copyright in such a recording has been infringed (as required by art. 1(1)(g)) and a false trade description has been applied to the article.


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