Att. Gen. v Howard

• Jurisdiction: Jersey
• Court: Magistrate’s Court (Jersey)
• Judge: Dorey, Relief Magistrate),
• Date: 1993

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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