Kwik-Fit in court over fitters' radio playing

Performing Rights Society copyright action may yet prove that silence is golden

News, 21 June 2007

---

A £200,000 legal action against motor parts firm Kwik-Fit over radios playing on its premises reached a preliminary hearing in the Court of Session yesterday.

The Performing Rights Society, which represents the holders of the copyright in the chart hits being played, claims that the workshop music amounts to a public performance, as customers can hear it when calling on business. For the past 10 years it has been pressing Kwik-Fit to take out a licence to play the music.

Kwik-Fit contests whether any "public performance" is involved, and also claims that company policy forbids radio use at work. While some employees might have brought in their own radios to listen to, but that the noise of everyday work at Kwik-Fit would mean that radios could not easily be heard from one area to another, and its customers mostly remain in the reception area.

At yesterday's hearing, solicitor advocate Craig Connal QC, for the Society, said there were about 600 Kwik-Fit shops and a survey had shown that music was being played at 51% of them. Given the length of time the dispute had lasted, £200,000 was reasonable compensation for the "flagrant" breach of copyright involved.

Lord Emslie said the case should be continued for debate on the legal issues.

Current News 05.09.08 PM changes tack on tax-raising powers Allowing Scottish Parliament more accountability would strengthen the UK, says Brown 05.09.08 Summary justice reform success, claims Angiolini Lord Advocate's letter says figures to date indicate new system working 04.09.08 Advocates in Aberdeen launch new website Internet presence aimed at increasing awareness of Society of Advocates in the north east 04.09.08 Legal profession, local income tax top bill list Scottish Government unveils legislative programme for 2008-09 04.09.08 Step up to associate for Fife lawyer Sue Arrowsmith promoted at Murray Donald Drummond Cook LLP 04.09.08 Prosecution inspectorate publishes annual report Review pending of new fiscal fine system 03.09.08 Society welcomes Legal Profession Bill Hopes that bill will provide for alternative business structures for law firms 03.09.08 'No proof that plaques harmful': insurance lawyers Industry's legal team argue against proposed law extending compensation 03.09.08 Commissioner orders release of tender information Council not justified in claim that Street Outreach documents must be kept secret 02.09.08 Stamp duty break for lower value properties 12-month threshold of £175,000 among government moves to buck up housing market 01.09.08 Government publishes sentencing proposals Judges and sheriffs would need to reveal reasons for departing from guidelines 01.09.08 Revenue reminds of new tax return date 31 October now deadline for paper returns 01.09.08 Blackadders' review results in 44 job losses Two branches also close as firm consolidates to combat property market troubles 01.09.08 Area procurator fiscal appointment for Central Michelle Macleod takes on new role 01.09.08 Partner catch for Ledingham Chalmers Neil Anderson appointed, while Marysia Lewis takes up floating sheriff appointment