Hyperion Records Ltd v Sawkins

Hyperion Records Ltd v Sawkins

Dr Sawkins' performing editions were original musical works under the 1988 Act, as they involved substantial skill, labour, and judgment beyond mere copying, making the works playable and affecting the musical sound. Hyperion's use of these editions without consent constituted infringement, and Dr Sawkins' moral...

Source-derived case information.

Parties
Appellant: Hyperion Records Limited; Respondent: Dr Lionel Sawkins
Jurisdiction
England and Wales
Judgment Date
19 May 2005
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Copyright, Musical Works, Originality, Moral Rights
Intellectual Property Law Copyright Musical Works Originality Moral Rights

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Parties

Hyperion Records Limited

Appellant

Dr Lionel Sawkins

Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Does copyright subsist in modern performing editions of out-of-copyright music?
  2. 2 Did Hyperion Records infringe Dr Sawkins' copyright in his performing editions?
  3. 3 Were Dr Sawkins' moral rights as author infringed?

Ratio Decidendi

Dr Sawkins' performing editions were original musical works under the 1988 Act, as they involved substantial skill, labour, and judgment beyond mere copying, making the works playable and affecting the musical sound. Hyperion's use of these editions without consent constituted infringement, and Dr Sawkins' moral rights as author were also breached by inadequate attribution.

Court Disposition

Appeal dismissed

Orders

  • Account of profits or enquiry as to damages for copyright infringement at Dr Sawkins' option
  • Enquiry as to damages for breach of moral rights