Market hit with £300,000 fine for piracy

The company operating a weekly market at Bovingdon Airfield near Hemel Hempstead in Hertfordshire were recently fined a massive £300,000 for 'allowing' the sale of counterfeit goods, including CDs and DVDs, on their premises.

The case, brought by the Hertfordshire Trading Standards and supported by
the BPI (British Phonographic Institute) and FACT (Federation against Copyright Theft) shows the authorities are serious about clamping down on illegal copying and seek to recover any proceeds gained from the sale of counterfeit goods.

The company were ordered to pay back £250,000 it took in rent from stall holders who were engaged in the act of selling illegal goods, with a further £50,000 towards prosecution costs.

Test purchases were made at the market during 2004 and the owners were repeatedly told that counterfeit goods were being sold in an effort to resolve the situation. However, as nothing changed the market was raided, along with the company offices and homes of the directors, gathering evidence of conterfeit goods and financial records, showing the problem was ongoing.

David Wood, Director of Anti-Piracy at the BPI said, “Until now, we have only seen prosecutions against the sellers themselves. This is the first time a market owner has been prosecuted and stripped of income made through the sale of counterfeit CDs and DVDs on their premises. So it is a hugely important ruling for music and the wider creative industries.

"Whilst illegal downloading remains the biggest threat to the future of the music community, CD piracy still deprives us in excess of £160 million annually. This precedent-setting result will dramatically enhance the authorities' effectiveness in tackling commercial counterfeiting. Furthermore, the £300,000 that Wendy Fairs will now have to pay to the Court should send a clear message to market owners nationwide that they cannot expect to duck responsibility for this illegal activity whilst generating income.”


See Also:
> Herts Trading Standards - www.hertsdirect.org/yourbus/tradingstandards
> British Phonographic Institute (BPI) - www.bpi.co.uk
> The Federation against Copyright Theft (FACT) - www.fact-uk.org.uk

March 2008