Brooker& Anor v Fisher

Brooker& Anor v Fisher

The Court of Appeal was divided. Mummery LJ (with Kennedy) held that Fisher's excessive and inexcusable delay and acquiescence in the exploitation of the Work for 38 years made it unconscionable for him to assert joint ownership or revoke the implied licence, thus setting aside the declarations of joint ownership and revocation of licence, but upholding the declaration of co-authorship. David Richards J dissented in part, holding that in the absence of detriment to the appellants, laches and acquiescence did not bar Fisher's property right or his entitlement to future royalties, and would have upheld all declarations and the order for inquiry as to damages.

Parties
Appellant: Gary Brooker; Appellant: Onward Music Limited; Respondent: Matthew Fisher
Jurisdiction
England and Wales
Judgment Date
04 April 2008
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed in part (majority); declaration of co-authorship upheld, declarations of joint ownership and revocation of implied licence set aside; dissent would have dismissed appeal entirely.
Legal Topics
Copyright, Joint Authorship, Equitable Defences, Laches, Acquiescence, Proprietary Estoppel, Implied Licence
Intellectual Property Copyright Joint Authorship Equitable Defences Laches Acquiescence Proprietary Estoppel Implied Licence

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Parties

Gary Brooker

Appellant

Onward Music Limited

Appellant

Matthew Fisher

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Matthew Fisher is a co-author of the music of 'A Whiter Shade of Pale' as recorded by Procol Harum in 1967
  2. 2 Whether Fisher is a joint owner of the musical copyright in the Work and entitled to a share
  3. 3 Whether the implied licence to exploit the Work was validly revoked

Ratio Decidendi

The Court of Appeal was divided. Mummery LJ (with Kennedy) held that Fisher's excessive and inexcusable delay and acquiescence in the exploitation of the Work for 38 years made it unconscionable for him to assert joint ownership or revoke the implied licence, thus setting aside the declarations of joint ownership and revocation of licence, but upholding the declaration of co-authorship. David Richards J dissented in part, holding that in the absence of detriment to the appellants, laches and acquiescence did not bar Fisher's property right or his entitlement to future royalties, and would have upheld all declarations and the order for inquiry as to damages.

Court Disposition

Appeal allowed in part (majority); declaration of co-authorship upheld, declarations of joint ownership and revocation of implied licence set aside; dissent would have dismissed appeal entirely.

Orders

  • Declaration that Matthew Fisher is co-author of the music of 'A Whiter Shade of Pale' as recorded by Procol Harum and released as a single on 12 May 1967
  • Declarations of joint ownership of copyright and revocation of implied licence set aside