Fisher v Brooker & Anor [2006] EWHC 3239 (Ch) (20 December 2006)

Fisher v Brooker & Anor [2006] EWHC 3239 (Ch) (20 December 2006)

Matthew Fisher's composition of the organ solo and related organ parts in 'A Whiter Shade of Pale' was a significant and original contribution, qualifying him as a joint author of the musical work. There was no express or implied agreement, nor any industry custom, that precluded his copyright interest. The long delay in asserting his rights did not bar his claim to joint authorship, though it may affect the scope of remedies. Fisher is entitled to a declaration of joint authorship and a share in the musical copyright, but not to an account of past royalties due to the delay and acquiescence.

Citation
[2006] EWHC 3239 (Ch)
Parties
Claimant: Matthew Fisher; First Defendant: Gary Brooker; Second Defendant: Onward Music Ltd
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Copyright Dispute (chancery Division) / Judgment After Trial
Outcome
Claimant declared joint author; entitled to share in musical copyright; no account of past royalties granted.
Legal Topics
Joint Authorship, Musical Works, Arrangements, Copyright Ownership, Remedies, Estoppel, Laches
Intellectual Property Copyright Law Joint Authorship Musical Works Arrangements Copyright Ownership Remedies Estoppel +1 more

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Parties

Matthew Fisher

Claimant

Gary Brooker

First Defendant

Onward Music Ltd

Second Defendant

Procedural Posture

Copyright Dispute (chancery Division) / Judgment After Trial

Legal Issues

  1. 1 Whether Matthew Fisher is a joint author of the musical work 'A Whiter Shade of Pale' and entitled to a share in the musical copyright; Whether Fisher's contribution (the organ solo and related parts) is sufficiently original and significant to confer joint authorship; Whether any contractual, estoppel, acquiescence, or laches defences bar Fisher's claim; Whether industry custom or prior agreements preclude Fisher's copyright interest; Whether Fisher is entitled to remedies including a declaration of copyright interest and royalties

Ratio Decidendi

Matthew Fisher's composition of the organ solo and related organ parts in 'A Whiter Shade of Pale' was a significant and original contribution, qualifying him as a joint author of the musical work. There was no express or implied agreement, nor any industry custom, that precluded his copyright interest. The long delay in asserting his rights did not bar his claim to joint authorship, though it may affect the scope of remedies. Fisher is entitled to a declaration of joint authorship and a share in the musical copyright, but not to an account of past royalties due to the delay and acquiescence.

Court Disposition

Claimant declared joint author; entitled to share in musical copyright; no account of past royalties granted.

Orders

  • Declaration that Matthew Fisher is a joint author of the musical work 'A Whiter Shade of Pale' and entitled to a share in the musical copyright.
  • No order for account of past royalties or damages due to delay and acquiescence.