Crosstown Music Company 1, Llc v Rive Droite Music Ltd & Ors

Crosstown Music Company 1, Llc v Rive Droite Music Ltd & Ors

Clause 18 of the publishing agreements operates as an automatic reverter of copyrights upon unremedied material breach; the breaches specified in the cure notices were material, sufficiently particularised, and not remedied; Crosstown as assignee is bound by clause 18; equitable doctrines of waiver, election, acquiescence, or estoppel do not bar the Writers' rights; the cure notices are valid and effective.

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
Civil / Final Judgment
Outcome
Judgment for the defendants (Writers); cure notices valid; copyrights reverted to Writers.
Legal Topics
Copyright Assignment, Automatic Reverter, Material Breach, Royalty Accounting, Waiver, Estoppel, Remedy
Intellectual Property Contract Copyright Assignment Automatic Reverter Material Breach Royalty Accounting Waiver Estoppel +1 more

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Parties

Crosstown Music Company 1, LLC

Claimant

Rive Droite Music Limited

Defendant

Mark Taylor

Defendant

Paul Barry

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether clause 18 of the publishing agreements provides for automatic reverter of copyrights upon material breach
  2. 2 Whether breaches specified in cure notices are material and sufficiently particularised
  3. 3 Whether Crosstown as assignee is bound by clause 18

Ratio Decidendi

Clause 18 of the publishing agreements operates as an automatic reverter of copyrights upon unremedied material breach; the breaches specified in the cure notices were material, sufficiently particularised, and not remedied; Crosstown as assignee is bound by clause 18; equitable doctrines of waiver, election, acquiescence, or estoppel do not bar the Writers' rights; the cure notices are valid and effective.

Court Disposition

Judgment for the defendants (Writers); cure notices valid; copyrights reverted to Writers.

Orders

  • Declaration that publishing rights in the compositions have reverted to the Writers and are owned by them.
  • Further orders for pursuing the counterclaim to be determined after argument or negotiation.