Bamgboye & Anor v Reed & Ors [2002] EWHC 2922 (QB) (28 November 2002)

Bamgboye & Anor v Reed & Ors [2002] EWHC 2922 (QB) (28 November 2002)

Mr Bamgboye made a significant creative contribution to the music of 'Bouncing Flow' and is a joint author of the musical work with Mr Reed. He is also a joint producer of the sound recording made at his home and entitled to copyright in it. Mr Bamgboye is entitled to performer’s rights in the parts he performed. There was no contract of employment between Mr Bamgboye and Mr Reed or A n R Studios; his contributions were not made as an employee. Thus, Mr Bamgboye is entitled to joint ownership of copyright in the music and sound recording, and to performer’s rights.

Citation
[2002] EWHC 2922
Parties
Claimant: Anthony Bamgboye; Claimant: Sherlock Holmes Music Limited; Defendant: Nick Reed; Defendant: Winston Brown; Defendant: Daniel Wilson; Defendant: Relentless Records Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Copyright/intellectual Property Dispute / Trial of Preliminary Issues of Liability
Outcome
Claimant succeeds in establishing joint authorship and joint ownership of copyright in the music and sound recording of 'Bouncing Flow', and entitlement to performer’s rights.
Legal Topics
Joint Authorship, Sound Recording Copyright, Performer’s Rights, Employment and Copyright Ownership
Intellectual Property Copyright Joint Authorship Sound Recording Copyright Performer’s Rights Employment and Copyright Ownership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Anthony Bamgboye

Claimant

Sherlock Holmes Music Limited

Claimant

Nick Reed

Defendant

Winston Brown

Defendant

Daniel Wilson

Defendant

Relentless Records Limited

Defendant

Procedural Posture

Copyright/intellectual Property Dispute / Trial of Preliminary Issues of Liability

Legal Issues

  1. 1 Whether Mr Bamgboye made a significant creative contribution to the musical work 'Bouncing Flow' and is a joint author of the copyright in the music.
  2. 2 Whether Mr Bamgboye made arrangements for the recording and is entitled to copyright in the sound recording.
  3. 3 Whether Mr Bamgboye has performer’s rights in the recording.

Ratio Decidendi

Mr Bamgboye made a significant creative contribution to the music of 'Bouncing Flow' and is a joint author of the musical work with Mr Reed. He is also a joint producer of the sound recording made at his home and entitled to copyright in it. Mr Bamgboye is entitled to performer’s rights in the parts he performed. There was no contract of employment between Mr Bamgboye and Mr Reed or A n R Studios; his contributions were not made as an employee. Thus, Mr Bamgboye is entitled to joint ownership of copyright in the music and sound recording, and to performer’s rights.

Court Disposition

Claimant succeeds in establishing joint authorship and joint ownership of copyright in the music and sound recording of 'Bouncing Flow', and entitlement to performer’s rights.

Orders

  • Declaration that Mr Bamgboye is joint author and joint owner of copyright in the music of 'Bouncing Flow'.
  • Declaration that Mr Bamgboye is joint producer and joint owner of copyright in the sound recording made at his home.