TellyTrack wins appeal

The Supreme Court of Appeal (SCA) has upheld TellyTrack’s appeal against an order of the KwaZulu-Natal Division of the High Court, Durban.

The success of the appeal will open way for TellyTrack to get damages or royalities.

The appeal was lodged by TellyTrack, a partnership between Phumelela Gaming and Leisure Limited, Gold Circle (Pty) Ltd and Kenilworth Racing (Pty) Ltd against a judgment granted in favour of Marshalls World of Sport (Pty) Ltd and six other respondents, who all run bookmakers businesses.

The dispute centred on the bookmakers allowing members of the public to watch the TellyTrack channel which TellyTrack claimed was an infringement of copyright and the respondents arguing that what was being shown was not a cinematograph film, but a broadcast.

In its judgment this week the SCA found that there had been an infringement of copyright and the appeal was consequently upheld with costs, including the costs of two counsel.

Seven of the eight respondents have been interdicted and restrained, in terms of the Copyright Act TellyTrack’s copyright.

In terms of the judgment an enquiry must be held for the purposes of determining the amount of damages, alternatively, a reasonable royalty to be paid by the respondents to the appellant and that if the parties cannot agree upon the procedure to be adopted, they may approach the Court to prescribe such procedure for conducting such enquiry.