Cases

Fisher v Brooker & Onward Music (CA)

Comment

Although claims to co-authorship are not rare, they are usually made rather more quickly than in this case, where F delayed making his claim for 38 years. Curiously, despite this lengthy delay, B and OM failed to establish any detriment and so the claim could not be defeated by estoppel.

The essence of David Richards J's dissenting judgment was that laches is a bar only to equitable remedies, and that the declaration sought, which was sought as a basis on which F could obtain royalties in the future, was not such a remedy.

Areas of work

Copyright
Entertainment Law
Intellectual Property
Music Law

Also