Peer International Corporation & Ors v Termidor Music Publishers Ltd. & Ors

Peer International Corporation & Ors v Termidor Music Publishers Ltd. & Ors

Cuban Law 860 is not effective to divest Peer of UK copyright as English law does not recognise extraterritorial confiscatory legislation; assignments and confirmations with addenda validly transferred copyright; public policy does not override lex situs rule in this context.

Parties
Claimant/respondent: Peer International Corporation; Claimant/respondent: Southern Music Publishing Company Inc; Claimant/respondent: Peermusic (UK) Limited; Defendant/appellant: Termidor Music Publishers Limited; Defendant/appellant: Termidor Musikverlag GMBH & Co KG; Part 20 Defendant/appellant: Editoria Musical de Cuba
Jurisdiction
England and Wales
Judgment Date
30 July 2003
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Judgment on Preliminary Issues
Outcome
Appeal dismissed
Legal Topics
Copyright Ownership, Assignment Validity, Effect of Foreign Law, Public Policy Exceptions, Lex Situs Rule
Intellectual Property Conflict of Laws Copyright Ownership Assignment Validity Effect of Foreign Law Public Policy Exceptions Lex Situs Rule

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Parties

Peer International Corporation

Claimant/respondent

Southern Music Publishing Company Inc

Claimant/respondent

Peermusic (UK) Limited

Claimant/respondent

Termidor Music Publishers Limited

Defendant/appellant

Termidor Musikverlag GMBH & Co KG

Defendant/appellant

Editoria Musical de Cuba

Part 20 Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Judgment on Preliminary Issues

Legal Issues

  1. 1 Validity of copyright assignments under English and foreign law
  2. 2 Effect of Cuban Law 860 on UK copyright
  3. 3 Validity of 'Confirmation of rights' documents as assignments or exclusive licences

Ratio Decidendi

Cuban Law 860 is not effective to divest Peer of UK copyright as English law does not recognise extraterritorial confiscatory legislation; assignments and confirmations with addenda validly transferred copyright; public policy does not override lex situs rule in this context.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Neuberger J affirmed
  • Peer's copyright ownership and assignments upheld