Cases

Ludlow Music Ltd v Williams & Others (No.2)

Facts

The Claimant was a music publisher. The First Defendant was the well-known singer and songwriter. Co-defendants were the First Defendant's co-writer Guy Chambers and their respective publishers. Substantial part of lyrics of the song "I am the Way" used (sampled) in "Jesus in a Camper Van". The Claimant had been aware of the release of the song (on the First Defendant's second album), had been in negotiations for a licence but had taken no steps to stop it and instead asked for an account of all monies made from it. The Defendants registered a 25% interest in the song with the relevant collecting societies, which was equivalent to a 50% interest in the lyrics. Summary judgment ordered on infringement but issues ordered to be tried, particularly whether or not the Claimant was entitled to injunctive relief or should get damages instead. The Claimant sought an injunction and damages at the rate of 50% of all royalties earned from the infringing work.

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