BSI Enterprises Ltd & Anor v Blue Mountain Music Ltd [2015] EWCA Civ 1151 (18 November 2015)

BSI Enterprises Ltd & Anor v Blue Mountain Music Ltd [2015] EWCA Civ 1151 (18 November 2015)

The March 1992 Agreement, properly construed, transferred the copyrights in the Works to Island Logic Ltd because the definition of 'Compositions' in clause 1.8 expressly included all musical compositions owned by CMI and recorded by Bob Marley, which encompassed the Works, regardless of their omission from Schedule 2.

Citation
[2015] EWCA Civ 1151
Parties
Claimant/appellant: BSI Enterprises Ltd; Claimant/appellant: Cayman Music Ltd; Defendant/respondent: Blue Mountain Music Ltd
Jurisdiction
England and Wales
Judgment Date
18 November 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division, Intellectual Property)
Outcome
Appeal dismissed
Legal Topics
Copyright Ownership, Contract Interpretation, Music Publishing Rights
Intellectual Property Contract Law Copyright Ownership Contract Interpretation Music Publishing Rights

Case Brief

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Parties

BSI Enterprises Ltd

Claimant/appellant

Cayman Music Ltd

Claimant/appellant

Blue Mountain Music Ltd

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division, Intellectual Property)

Legal Issues

  1. 1 Whether the copyrights in the Works (thirteen Bob Marley songs) passed to Island Logic Ltd under the March 1992 Agreement
  2. 2 Proper interpretation of the March 1992 Agreement regarding the transfer of copyrights
  3. 3 Whether the Works were included as 'Compositions' under the Agreement

Ratio Decidendi

The March 1992 Agreement, properly construed, transferred the copyrights in the Works to Island Logic Ltd because the definition of 'Compositions' in clause 1.8 expressly included all musical compositions owned by CMI and recorded by Bob Marley, which encompassed the Works, regardless of their omission from Schedule 2.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claimants/appellants are not entitled to a declaration of ownership or an account of royalties.