Full case report

Bamgboye v Reed & Others

Reference [2002] EWHC 2922 (QB); [2004] EMLR 61
Court Queen's Bench Division

Judge Hazel Williamson QC

Date of Judgment 28 Nov 2002


Summary

Copyright – Ownership – Musical work – Joint authorship


Facts

The Claimant and the Defendants worked together in creating and recording a number of musical tracks that were commecially released. The Claimant contended that the original musical work “Bouncing Flow” was a joint creation between himself and the Defendants. The Defendants denied that he made any material contribution to the work and that he had any rights in the sound recording.


Issue

Whether the Claimant had any interest in the musical work “Bouncing Flow”.


Held

The Claimant had made a 50% contribution to the drum track of “Bouncing Flow”, and his overall contribution was one third and the First Defendant’s two thirds. Accordingly, the Claimant was one third owner of the copyright in “Bouncing Flow”.


Comment

A useful authority for its consideration of the meaning of ‘joint authorship’. Ray v Classic FM Plc [1998] F.S.R. 622; and Hadley v Kemp [1999] EMLR 589 were applied.


Instructing Solicitors

Magrath & Co for the Claimant; the Defendants in person.