Sawkins v Hyperion Records Ltd

Sawkins v Hyperion Records Ltd

Dr Sawkins' editions of La Grande Pièce Royale, the Te Deum, and the Venite involved sufficient original editorial intervention, skill, and labour to qualify as original musical works under the 1988 Act. Hyperion's recording and distribution of these works without licence or royalty constituted infringement. No licence or acquiescence was established. The Panis Angelicus movement alone did not constitute a substantial part of the Sacris Solemniis edition and thus was not infringed. Dr Sawkins' moral right to be identified as author was also infringed.

Parties
Claimant: Lionel Sawkins; Defendant: Hyperion Records Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2004
Procedural Posture
Intellectual Property / Judgment After Trial
Outcome
Judgment for the Claimant in respect of La Grande Pièce Royale, the Te Deum, and the Venite; claim dismissed as to Panis Angelicus.
Legal Topics
Musical Works Copyright, Originality in Copyright, Moral Rights, Infringement, Editorial Copyright
Copyright Law Intellectual Property Musical Works Copyright Originality in Copyright Moral Rights Infringement Editorial Copyright

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Parties

Lionel Sawkins

Claimant

Hyperion Records Limited

Defendant

Procedural Posture

Intellectual Property / Judgment After Trial

Legal Issues

  1. 1 Whether Dr Sawkins' performing editions of Lalande's works are original musical works under the Copyright, Designs and Patents Act 1988
  2. 2 Whether Hyperion Records infringed Dr Sawkins' copyright by recording and distributing the works without licence or royalty payment
  3. 3 Whether Dr Sawkins' moral right to be identified as author was infringed

Ratio Decidendi

Dr Sawkins' editions of La Grande Pièce Royale, the Te Deum, and the Venite involved sufficient original editorial intervention, skill, and labour to qualify as original musical works under the 1988 Act. Hyperion's recording and distribution of these works without licence or royalty constituted infringement. No licence or acquiescence was established. The Panis Angelicus movement alone did not constitute a substantial part of the Sacris Solemniis edition and thus was not infringed. Dr Sawkins' moral right to be identified as author was also infringed.

Court Disposition

Judgment for the Claimant in respect of La Grande Pièce Royale, the Te Deum, and the Venite; claim dismissed as to Panis Angelicus.

Orders

  • Declaration of copyright in favour of Dr Sawkins for La Grande Pièce Royale, the Te Deum, and the Venite.
  • Finding of infringement by Hyperion Records for those works.