Crosstown Music Company 1, Llc v Rive Droite Music Ltd & Ors [2009] EWHC 600 (Ch) (25 March 2009)

Crosstown Music Company 1, Llc v Rive Droite Music Ltd & Ors [2009] EWHC 600 (Ch) (25 March 2009)

Clause 18 of the songwriter agreements provides for an automatic reverter of copyright to the Writers upon unremedied material breach, and this provision binds Crosstown as assignee. The breaches identified in the cure notices were established and material, and the Writers did not lose the right to serve cure notices by waiver, election, or estoppel.

Citation
[2009] EWHC 600 (Ch)
Parties
Claimant: Crosstown Music Company 1, LLC; Defendant: Rive Droite Music Limited; Defendant: Mark Taylor; Defendant: Paul Barry
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Chancery Division Copyright/contract Dispute / Judgment After Trial
Outcome
Judgment for the Defendants (Writers) on the core issue; copyrights reverted to the Writers.
Legal Topics
Copyright Assignment, Reversion of Rights, Breach of Contract, Remedies for Breach, Waiver and Estoppel
Intellectual Property Contract Law Copyright Assignment Reversion of Rights Breach of Contract Remedies for Breach Waiver and Estoppel

Case Brief

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Parties

Crosstown Music Company 1, LLC

Claimant

Rive Droite Music Limited

Defendant

Mark Taylor

Defendant

Paul Barry

Defendant

Procedural Posture

Chancery Division Copyright/contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether clause 18 of the songwriter agreements provides for an automatic reverter of copyright on material breach
  2. 2 Whether the reverter provision binds an assignee (Crosstown)
  3. 3 Whether the breaches alleged in the cure notices were established and material

Ratio Decidendi

Clause 18 of the songwriter agreements provides for an automatic reverter of copyright to the Writers upon unremedied material breach, and this provision binds Crosstown as assignee. The breaches identified in the cure notices were established and material, and the Writers did not lose the right to serve cure notices by waiver, election, or estoppel.

Court Disposition

Judgment for the Defendants (Writers) on the core issue; copyrights reverted to the Writers.

Orders

  • Declaration that copyrights in the compositions reverted to Mark Taylor and Paul Barry upon service of valid cure notices and unremedied material breach.
  • Crosstown's claim for a declaration of ownership dismissed.