B4U Network (Europe) Ltd v Performing Right Society Ltd

The copyright in the song 'Shukran Allah' fell within the scope of the PRS member agreement as a right which the composers may have owned at the time of assignment; section 91(1) operated to vest both legal and equitable title in PRS as first assignee in time, and the commissioning agreement with Dharma did not...

Source-derived case information.

Parties: Appellant: B4U Network (Europe) Limited; Respondent: Performing Right Society Limited
Jurisdiction: England and Wales
Judgment Date: 16 October 2013
Procedural Posture: Civil Appeal / Appeal From Summary Judgment
Outcome: Appeal dismissed
Legal Topics: Copyright Assignment, Equitable Assignment, Priority of Assignments, Future Copyright, Statutory Interpretation

Intellectual Property Copyright Assignment Equitable Assignment Priority of Assignments Future Copyright Statutory Interpretation

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2

Parties

B4U Network (Europe) Limited

Appellant

Performing Right Society Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

1 Whether the copyright in the song 'Shukran Allah' vested in PRS or Dharma under the relevant assignments
2 Interpretation of clause 2(a) of the PRS member agreement
3 Effect of section 91(1) of the Copyright, Designs and Patents Act 1988 on assignment of future copyright

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

PRS is entitled to copyright in the song 'Shukran Allah'
No alternative construction of the PRS agreement warranted

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