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Fisher v Brooker & Onward Music Ltd [2006] EWHC 3239 (Ch)

Country:
United Kingdom
  • Claimant, performer of an organ part in song “Whiter Shade of Pale”, claimed he was joint author of the song with Defendant, band member who had originally composed song.

  • Claimant had composed a detailed organ solo, along with organ accompaniment for entire duration of 4 minute piece.

Held

  • Organ solo was significant contribution to overall work.

    • In that it was more than trivial.

  • Organ solo was also an original contribution to overall work.

    • In that it was:

      1. The product of skill and labour.

      2. Sufficiently different from piano part that Defendant had originally composed.

  • Therefore Claimant was joint author of song.

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