Bamgboye & Anor v Reed & Ors [2002] EWHC 2922 (QB) (28 November 2002)

Bamgboye & Anor v Reed & Ors [2002] EWHC 2922 (QB) (28 November 2002)

Mr Bamgboye made a significant creative contribution to the music of 'Bouncing Flow' and is a joint author of the musical work (excluding vocals). He is also a joint producer of the sound recording, having undertaken arrangements for its creation. Mr Bamgboye was not an employee of Mr Reed or A n R Studios; his contributions were not made in the course of employment. He is entitled to joint copyright in the music and sound recording, and to performer's rights in respect of his recorded contributions.

Citation
[2002] EWHC 2922 (QB)
Parties
First Claimant: Anthony Bamgboye; Second Claimant: Sherlock Holmes Music Limited; First Defendant: Nick Reed; Second Defendant: Winston Brown; Third Defendant: Daniel Wilson; Fourth Defendant: Relentless Records Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Copyright/intellectual Property / Trial of Preliminary Issues of Liability
Outcome
Claim allowed in part; declaration of joint authorship and joint copyright ownership in the music and sound recording of 'Bouncing Flow' in favour of Mr Bamgboye; performer's rights recognised.
Legal Topics
Joint Authorship, Sound Recording Copyright, Performer's Rights, Employment and Copyright Ownership
Intellectual Property Copyright Joint Authorship Sound Recording Copyright Performer's Rights Employment and Copyright Ownership

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Parties

Anthony Bamgboye

First Claimant

Sherlock Holmes Music Limited

Second Claimant

Nick Reed

First Defendant

Winston Brown

Second Defendant

Daniel Wilson

Third Defendant

Relentless Records Limited

Fourth Defendant

Procedural Posture

Copyright/intellectual Property / Trial of Preliminary Issues of Liability

Legal Issues

  1. 1 Whether Mr Bamgboye made a significant creative contribution to the musical work 'Bouncing Flow' and is a joint author of the music (excluding vocals)
  2. 2 Whether Mr Bamgboye made arrangements for the recording of the work and is entitled to copyright in the sound recording
  3. 3 Whether Mr Bamgboye was an employee such that copyright would vest in the employer

Ratio Decidendi

Mr Bamgboye made a significant creative contribution to the music of 'Bouncing Flow' and is a joint author of the musical work (excluding vocals). He is also a joint producer of the sound recording, having undertaken arrangements for its creation. Mr Bamgboye was not an employee of Mr Reed or A n R Studios; his contributions were not made in the course of employment. He is entitled to joint copyright in the music and sound recording, and to performer's rights in respect of his recorded contributions.

Court Disposition

Claim allowed in part; declaration of joint authorship and joint copyright ownership in the music and sound recording of 'Bouncing Flow' in favour of Mr Bamgboye; performer's rights recognised.

Orders

  • Declaration that Mr Bamgboye is joint author and joint owner of copyright in the music (excluding vocals) of 'Bouncing Flow'.
  • Declaration that Mr Bamgboye is joint producer and joint owner of copyright in the sound recording of 'Bouncing Flow'.