Nelsons has obtained judgment in the first contested case for Waves Audio Limited, the world’s leading developer and supplier of software-based audio processing and plug-in tools.
In Waves Audio Limited v The Mews Recording Studios Limited and Mr David Clarke, the High Court has ordered a permanent injunction preventing the London-based Mews Recording Studio, its directors, officers, employees or agents, and Mr Clarke from using unlicensed Waves software. It has also ordered that the Mews and Mr Clarke permanently destroy any and all material which offends against the injunction, and further, that Waves is entitled to damages and costs.
Stewart Vandermark, litigation partner and intellectual property specialist at Nelsons comments:
“We are delighted with the judgment in this first contested case. It sends a clear message in the UK against the illegal use of Waves’ software, and places us in a strong position to continue with litigation against any and all copyright infringers in this country to seek the remedies Waves is entitled to by law.”
Waves’ software is routinely used on professional recordings including the recording of The Beatles Love CD and recent Coldplay releases. The Israel and US-based company undertook a worldwide operation to research and identify commercial studios using software illegally, including obtaining video evidence. Waves decided to take legal action against these copyright infringers, appointing Nelsons to act on its behalf in the UK.
Commenting, Mr Vandermark says:
“Complex issues have arisen out of the action as to the application of the Copyright Designs and Patents Act 1988, and in co-ordinating and handling such a large scale operation. It has required a considerable understanding and expertise in copyright law and of a variety of technical IT issues.
“Now that we have a Court Order in this first contested case, we would urge those UK studios which were found to have been using our client’s software illegally but have not yet resolved the infringement claim against them to contact the team at Nelsons to discuss and agree settlement in their case. If they fail to do so, we will actively pursue them through the Court.”