Background
7.Since 1980 the brothers Mark and Jeff Bass (‘the Bass brothers’) have run a recording studio in Detroit known as FBT (Funky Bass Team). They traded as ‘F.B.T. Productions’. In 1995 they became aware of a local artist who by then already called himself Eminem. Eminem signed a recording contract with F.B.T. Productions. 8.In the first few months of 1996 Eminem recorded Infinite. It was released on the Bass Brothers’ ‘Web Entertainment’ label on 12 November 1996. Over subsequent months it sold 500 copies, 250 in vinyl format and 250 cassettes. 9.On 9 March 1998 Eminem and the Bass Brothers signed an agreement with Aftermath Entertainment, a division of Universal Music, pursuant to which Eminem recorded for Aftermath instead of the Bass Brothers. In February 1999 Eminem released his second album, ‘The Slim Shady LP’ on the Aftermath label. It was a huge critical and commercial success, launching Eminem as a major music star. 10.In 2000 FBT was incorporated. FBT says that under a written agreement dated 19 April 2000 the Bass Brothers assigned all their rights, including the Copyright, to FBT. 11.By 2013 (the defendants say from about 2010) a CD version of Infinite was circulating in Europe. It was distributed by a German company called Intergroove TonträgerVertriebs (‘Intergroove’). Intergroove had obtained the CDs from David Temkin, an individual working in record sales in Massachusetts. Mr Temkin trades under the name ‘Shay Boogs’ and also ‘Boogie Up Productions’ (‘Boogie Up’). Intergroove had distributed CDs in Europe from a catalogue supplied by Boogie Up since July 2009. 12.Intergroove ceased trading in 2013 and was put into the German equivalent of liquidation in 2014. In the summer of 2013 Mr Temkin, as Boogie Up, approached Plastic Head suggesting that it could take up where Intergroove had left off. On 1 August 2013 Plastic Head signed a distribution agreement with Mr Temkin as Boogie Up to distribute CDs throughout the world, excluding North and South America and Russia. A CD version of Infinite was among the Boogie Up CDs distributed by Plastic Head. 13.“MCPS currently appears to have no claim in relation to any of the Works included in [Infinite]. Consequently it is not possible to grant a licence on the basis of our present information. Please inform MCPS if any of the pressing details are incorrect as mistakes cannot be easily rectified at a later date.” 14.Notwithstanding its assertion that it could not license the making of copies of Infinite, MCPS approved the manufacture of a maximum of 2,931 vinyl copies. 2,891 copies were made by LTEV, all of which were supplied to and distributed by Plastic Head. Distribution of the vinyl copies continued until 9 October 2016. 15.On 5 December 2016 FBT’s solicitors sent a letter before action to LTEV. On 12 January 2017 the CD copies of Infinite supplied by Boogie Up were withdrawn from sale by Plastic Head. Advertising and marketing of Infinite by the Defendants came to an end. 16.On 14 September 2017 the claim form in this action was issued.