Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66 (06 February 2025)

Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66 (06 February 2025)

Section 180(3) CDPA 1988 does not bar the performers' rights claims as Sony's acts lack sufficient nexus to pre-commencement arrangements; copyright claims are not statute-barred as they are not actions for account of partnership assets but for infringement, and joint owners may sue for infringement without joining all owners.

Citation
[2025] EWCA Civ 66
Parties
Claimant/respondent: Noel Redding Estate Limited; Claimant/respondent: Mitch Mitchell Estate Limited; Defendant/appellant: Sony Music Entertainment UK Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2025
Procedural Posture
Appeal / Judgment on Appeal From High Court, Post Interlocutory Application
Outcome
Appeal dismissed
Legal Topics
Copyright Ownership, Performers' Rights, Limitation Periods, Transitional Provisions, Partnership Asset Claims
Intellectual Property Partnership Law Copyright Ownership Performers' Rights Limitation Periods Transitional Provisions Partnership Asset Claims

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Parties

Noel Redding Estate Limited

Claimant/respondent

Mitch Mitchell Estate Limited

Claimant/respondent

Sony Music Entertainment UK Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court, Post Interlocutory Application

Legal Issues

  1. 1 Whether performers' rights infringement claims are precluded by transitional provisions under section 180(3) Copyright, Designs and Patents Act 1988 and related regulations
  2. 2 Whether copyright claims are statute-barred as partnership asset claims under section 23 Limitation Act 1980

Ratio Decidendi

Section 180(3) CDPA 1988 does not bar the performers' rights claims as Sony's acts lack sufficient nexus to pre-commencement arrangements; copyright claims are not statute-barred as they are not actions for account of partnership assets but for infringement, and joint owners may sue for infringement without joining all owners.

Court Disposition

Appeal dismissed

Orders

  • Sony's application to strike out or for summary judgment dismissed
  • Claimants' claims for declarations and relief for copyright and performers' rights allowed to proceed