Peer International Corporation & Ors v Termidor Music Publishers Ltd & Ors [2006] EWHC 2883 (Ch) (16 November 2006)

Peer International Corporation & Ors v Termidor Music Publishers Ltd & Ors [2006] EWHC 2883 (Ch) (16 November 2006)

EMC lacks standing to challenge the original agreements on grounds of fraud, undue influence, unconscionability, breach, or restraint of trade under the applicable laws. No composer or heir gave notice of termination or brought proceedings for annulment or restitution. The original agreements remain effective and enforceable by Peer for the relevant periods. Assignments of future works are not void. Limitation does not bar a properly constituted action or defence by a party with standing, but EMC is not such a party. Subsequent assignments to EMC or others by composers or heirs were ineffective where rights had already been assigned to Peer and not reverted.

Citation
[2006] EWHC 2883 (Ch)
Parties
Claimant: Peer International Corporation; Claimant: Southern Music Publishing Co Inc; Claimant: Peermusic (UK) Limited; Defendant/part 20 Claimant: Termidor Music Publishers Limited; Defendant/part 20 Claimant: Termidor Musikverlag Gmbh & Co KG; Part 20 Defendant: Editora Musical de Cuba
Jurisdiction
England and Wales
Judgment Date
16 November 2006
Procedural Posture
Copyright Ownership Dispute / First Instance Judgment After Trial
Outcome
Peer's claim for declarations of copyright ownership in the thirteen songs succeeds as against EMC; EMC's challenges fail.
Legal Topics
Copyright Ownership, Assignment of Rights, Applicable Law, Standing (locus Standi), Limitation Periods, Restraint of Trade, Foreign Law (cuban, Spanish, Mexican, New York), Succession and Reversionary Rights
Intellectual Property Contract Law Private International Law Copyright Ownership Assignment of Rights Applicable Law Standing (locus Standi) Limitation Periods +3 more

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Parties

Peer International Corporation

Claimant

Southern Music Publishing Co Inc

Claimant

Peermusic (UK) Limited

Claimant

Termidor Music Publishers Limited

Defendant/part 20 Claimant

Termidor Musikverlag Gmbh & Co KG

Defendant/part 20 Claimant

Editora Musical de Cuba

Part 20 Defendant

Procedural Posture

Copyright Ownership Dispute / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether Peer is entitled to English copyright in thirteen Cuban musical works
  2. 2 Whether original agreements assigning copyright to Peer are void or voidable under applicable law
  3. 3 Whether EMC has standing to challenge the original agreements on grounds of fraud, undue influence, unconscionability, breach, or restraint of trade

Ratio Decidendi

EMC lacks standing to challenge the original agreements on grounds of fraud, undue influence, unconscionability, breach, or restraint of trade under the applicable laws. No composer or heir gave notice of termination or brought proceedings for annulment or restitution. The original agreements remain effective and enforceable by Peer for the relevant periods. Assignments of future works are not void. Limitation does not bar a properly constituted action or defence by a party with standing, but EMC is not such a party. Subsequent assignments to EMC or others by composers or heirs were ineffective where rights had already been assigned to Peer and not reverted.

Court Disposition

Peer's claim for declarations of copyright ownership in the thirteen songs succeeds as against EMC; EMC's challenges fail.

Orders

  • Declarations that Peer is the owner of English copyright in the thirteen songs for the relevant periods.
  • Dismissal of EMC's challenges to the original agreements and subsequent dealings.