| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 214 (May) |
| Neutral Citation: | [2006] EWHC 1009 (Ch) |
| Court: | Chancery Division |
| Judge: | Lewison J |
| Representation | Stephen Bate (instructed by Hamlins) for the claimant. |
| Elizabeth Jones QC and Daniel Lightman (instructed by Eversheds) for the defendants. | |
| Judgment Dates: | 15 May 2006 |
Catchwords
Copyright - Owner - Rights - Sound recordings - Claimant and brother former members of famous reggae band - Claimant previously entering into compromise agreement in respect of earlier proceedings - Claimant subsequently commencing proceedings to recover compensation for exploitation of recordings - Whether subsequent proceedings amounting to abuse of process.
The Case
Having decided that the claimant's claims could not proceed on the basis that they were an abuse of process, the court allowed the claims put forward by the claimant on behalf of his brother's estate to proceed. However, the court decided that on the evidence, the claim made by the estate of the claimant's brother that he was party to a recording contract entered into between Bob Marley and the first defendant, or that he owned the copyright in certain songs recorded by the reggae band 'Bob Marley and the Wailers' on the basis of joint composition, could not be supported.
Practice Areas
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