Source: All England Reporter
Publisher Citation: [2010] All ER (D) 20 (Nov)
Neutral Citation: [2010] EWCA Civ 1222
Court: Court of Appeal, Civil Division
Judge:

Mummery LJ, Morgan J and Sir Paul Kennedy
Representation Nigel Tozzi QC and Andrew Hunter (instructed by Russells) for the claimant.
  Ian Mill QC and Edmund Cullen (instructed by Forbes Anderson Free) for the defendants.
Judgment Dates: 2 November 2010

Catchwords

Copyright - Musical work - Assignment of copyright - Construction of relevant agreement - Copyright of second and third defendants' musical works assigned to first defendant company under agreement for assignment - Clause providing for re-transfer of copyright to second and third defendants in event of breach - Claimant company taking assignment of various copyrights owned by first defendant company including those of second and third defendants - Second and third defendants claiming first defendant in breach with effect that copyright reverting back to them - Claimant failing to obtain declaration of ownership of copyrights - Whether reverter clause in agreement valid - Whether court having jurisdiction to hear dispute regarding foreign copyright - Whether second and third defendants having waived right to exercise waiver - s 90.

The Case

Copyright Musical work. The Court of Appeal, Civil Division, dismissed the claimant's appeal, finding that the automatic reverter clause in the copyright assignment contracts was compatible with both the partial assignment and s90 of the . Further, the court did have jurisdiction to hear the proceedings in respect of foreign copyright as the copyright agreements provided for English law and jurisdiction. In addition, on the evidence, the defendants had not waived their rights to exercise the automatic reversion to them of the copyright.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases