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Law Cases
Intellectual Property Law Cases
Copyright 2 Cases

Hadley v Kemp [1999] EMLR 589

Country:
United Kingdom
By Oxbridge Law Team
Held

  • Defendant, bass guitarist of Spandau Ballet, held copyright in group’s songs (save for one).

  • Claimant, other members of Spandau Ballet, claimed that all the members of group were joint authors of some or all of the songs.

  • Defendant did not read sheet music, and therefore composed songs on instruments before presenting them to band; Claimant claimed that other members’ interpretations of music with which Defendant presented them was sufficient to make them joint authors or recorded songs.

Held

  • Is clear distinction between the:

    1. Performance of a song;

    2. Authorship of that song

  • On facts, other members were not joint authors of all of the songs

    • Although other members played in their own ways based upon what Defendant had presented them with, these were matters of performance and NOT a creation of a musical work

    • E.g. creation of a sax solo/drum part was simply performers fitting into the rhythm and harmony of song that Defendant had already created.

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