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Law Cases
Intellectual Property Law Cases
Copyright 3: Infringement Cases

Confetti Records v Warner Music UK Ltd [2003] EWHC (Ch) 1274

Country:
United Kingdom
By Oxbridge Law Team
Held

  • Claimant composed garage track.

  • Defendant had been in negotiations to use track on a compilation album, but deal fell through late in day – by which time Defendant had already mixed album. Claimant’s work was used as backing track over which rappers employed by Defendant rapped lyrics.

  • Claimant claimed derogatory treatment in light of fact that lyrics were suggestive of violence and drug usage, and fact the Claimant’s original work had been distorted beyond recognition.

Held

  • Section 80(2) requires that mutilation or distortion of Claimant’s work is only derogatory if prejudicial to honour or reputation of Claimant

    • i.e. this inferred from use of ‘or otherwise prejudicial’

  • On facts, no derogatory treatment

    • Mere distortion of music does not suffice

    • Lyrics in question were not offensive

  • Most importantly, was no evidence that what had happened had caused any prejudice to Claimant’s honour or reputation

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