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McPhail & Doyle v Bourne & Anor
Comment
Any claim by former members of a group that appears as if it may be an attempt to 'cash in' on the subsequent success of that group is always likely to be treated with a healthy dose of scepticism by the court. Here virtually all of the non-party witnesses supported the Ds' version of events.
Even if the Claimants had established that the settlement agreement ought to be set aside, the Judge did not find any agreement to share ownership of the songs, nor did he indicate that he was likely to find them to have made contributions to the songs sufficient for copyright protection (although he left that question open).