Cases

Fisher v Brooker & Onward Music Ltd

Held

Finding for F and declaring him 40% owner of the musical copyright in the song:

(1) A fair trial was not impossible. Although some possible witnesses had died, this was of little significance as there was little factual dispute on the key issue as to composition of the solo, and it was not possible to say that but for F's delay, the demo tape of the song would have been available.

(2) F's instrumental introduction (the organ solo) was sufficiently different from what B had earlier composed on the piano to qualify, by a wide margin, as an original contribution to the song entitling F to an interest in the musical copyright.

(3) F’s interest was not defeated, either by the assignment, the recording contract (which was concerned with exploitation of the song and therefore irrelevant) or estoppel, acquiescence or laches (B and OM having not suffered any or any appreciable detriment by F’s failure to make his claim earlier).

Also