Gabrin v Universal Music Operations Ltd & Anor [2003] EWHC 1335 (Ch) (17 June 2003)

Gabrin v Universal Music Operations Ltd & Anor [2003] EWHC 1335 (Ch) (17 June 2003)

The arrangements between Mr Gabrin and Stiff Records did not amount to a commission under s.4(3) Copyright Act 1956, or, if they did, there was a contrary agreement that Mr Gabrin would retain copyright in photographs not purchased for record sleeves. The evidence established that copyright in the photograph remained with Mr Gabrin. The screen-print was not commissioned by Stiff Records but was a private initiative by Mr Gabrin and Mr Bubbles; copyright in the screen-print vested in Mr Bubbles alone, and the subsequent assignment from his estate to Mr Gabrin was effective. The defence of estoppel/acquiescence failed.

Citation
[2003] EWHC 1335 (Ch)
Parties
Claimant: Christopher Gabrin; First Defendant: Universal Music Operations Limited; Second Defendant: Jill Jewiss
Jurisdiction
England and Wales
Judgment Date
17 June 2003
Procedural Posture
Copyright Infringement Claim / High Court Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Copyright Ownership, Commissioned Works, Assignment of Copyright, Joint Authorship, Estoppel, Acquiescence
Intellectual Property Copyright Law Copyright Ownership Commissioned Works Assignment of Copyright Joint Authorship Estoppel Acquiescence

Case Brief

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Parties

Christopher Gabrin

Claimant

Universal Music Operations Limited

First Defendant

Jill Jewiss

Second Defendant

Procedural Posture

Copyright Infringement Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimant retained copyright in the 1977 photograph of Elvis Costello
  2. 2 Whether the screen-print copyright vested in the claimant, the estate of Barney Bubbles, or Stiff Records
  3. 3 Whether the arrangements constituted a commission under s.4(3) Copyright Act 1956

Ratio Decidendi

The arrangements between Mr Gabrin and Stiff Records did not amount to a commission under s.4(3) Copyright Act 1956, or, if they did, there was a contrary agreement that Mr Gabrin would retain copyright in photographs not purchased for record sleeves. The evidence established that copyright in the photograph remained with Mr Gabrin. The screen-print was not commissioned by Stiff Records but was a private initiative by Mr Gabrin and Mr Bubbles; copyright in the screen-print vested in Mr Bubbles alone, and the subsequent assignment from his estate to Mr Gabrin was effective. The defence of estoppel/acquiescence failed.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the claimant is the owner of copyright in the 1977 photograph of Elvis Costello
  • Declaration that the claimant is co-owner of copyright in the screen-print by virtue of assignment from Barney Bubbles's estate