Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd & Ors

Editions Musicales Alpha S.A.R.L. v Universal Music Publishing Ltd & Ors

Mr Dorset misrepresented to AMI that Satellite owned the copyright in 'Alright' and that he was the composer, when he knew this was false. AMI relied on this misrepresentation in entering the Satellite Assignment, which led to AMI's liability to EMA. AMI is entitled to recover from Mr Dorset the sums paid to EMA and its costs of defending the action, but not for lost royalties.

Parties
Claimant: Editions Musicales Alpha S.A.R.L.; First Defendant: Universal Music Publishing Limited; Second Defendant: Sony/ATV Music Publishing Limited; Third Defendant: Ray Dorset; Fourth Defendant: In The Summertime Limited; Fifth Defendant: Associated Music International Limited
Jurisdiction
England and Wales
Judgment Date
10 May 2017
Procedural Posture
Civil / Judgment After Trial of Additional Claim
Outcome
Claim for misrepresentation and breach of warranty succeeds in part.
Legal Topics
Copyright Ownership, Misrepresentation, Breach of Warranty, Assignment of Rights, Indemnity
Intellectual Property Contract Tort Copyright Ownership Misrepresentation Breach of Warranty Assignment of Rights Indemnity

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Parties

Editions Musicales Alpha S.A.R.L.

Claimant

Universal Music Publishing Limited

First Defendant

Sony/ATV Music Publishing Limited

Second Defendant

Ray Dorset

Third Defendant

In The Summertime Limited

Fourth Defendant

Associated Music International Limited

Fifth Defendant

Procedural Posture

Civil / Judgment After Trial of Additional Claim

Legal Issues

  1. 1 Whether Mr Dorset misrepresented ownership of copyright in 'Alright' to AMI
  2. 2 Whether AMI is entitled to indemnity or damages from Mr Dorset for sums paid to EMA
  3. 3 Whether there was a breach of warranty or implied term by Mr Dorset in the Satellite Assignment

Ratio Decidendi

Mr Dorset misrepresented to AMI that Satellite owned the copyright in 'Alright' and that he was the composer, when he knew this was false. AMI relied on this misrepresentation in entering the Satellite Assignment, which led to AMI's liability to EMA. AMI is entitled to recover from Mr Dorset the sums paid to EMA and its costs of defending the action, but not for lost royalties.

Court Disposition

Claim for misrepresentation and breach of warranty succeeds in part.

Orders

  • Mr Dorset to reimburse AMI £33,600 paid to EMA.
  • Mr Dorset to reimburse AMI its costs of defending the action against EMA.