Taylor v Rive Droite Music Ltd

Taylor v Rive Droite Music Ltd

The 1998 publishing agreement was for two years, not three; Mr Taylor was not contractually obliged to work exclusively for RDM; RDM is estopped from enforcing the minimum commitment clause; Mr Taylor infringed copyright in 'Hero' and 'Love to See You Cry' (musical and literary works as at 1 December 2000), but not in sound recordings; RDM failed to use reasonable endeavours to exploit 'Follow Your Heart'; Mr Taylor breached implied terms by diverting the Cher project; RDM established unlawful interference only in relation to the Hall & Oates project.

Parties
Claimant: Mark Taylor; Defendant: Rive Droite Music Ltd
Jurisdiction
England and Wales
Judgment Date
06 July 2004
Procedural Posture
Commercial Dispute / Judgment on Liability
Outcome
Judgment for Claimant in part; Judgment for Defendant in part; liability determined; orders to be discussed with counsel.
Legal Topics
Interpretation of Contracts, Rectification, Copyright Infringement, Implied Terms, Promissory Estoppel, Breach of Contract, Unlawful Interference
Contract Law Copyright Law Commercial Law Interpretation of Contracts Rectification Copyright Infringement Implied Terms Promissory Estoppel +2 more

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Parties

Mark Taylor

Claimant

Rive Droite Music Ltd

Defendant

Procedural Posture

Commercial Dispute / Judgment on Liability

Legal Issues

  1. 1 Whether the 1998 publishing agreement was for two or three years
  2. 2 Whether the producer agreement required exclusivity
  3. 3 Whether Mr Taylor breached copyright in 'Hero' and 'Love to See You Cry'

Ratio Decidendi

The 1998 publishing agreement was for two years, not three; Mr Taylor was not contractually obliged to work exclusively for RDM; RDM is estopped from enforcing the minimum commitment clause; Mr Taylor infringed copyright in 'Hero' and 'Love to See You Cry' (musical and literary works as at 1 December 2000), but not in sound recordings; RDM failed to use reasonable endeavours to exploit 'Follow Your Heart'; Mr Taylor breached implied terms by diverting the Cher project; RDM established unlawful interference only in relation to the Hall & Oates project.

Court Disposition

Judgment for Claimant in part; Judgment for Defendant in part; liability determined; orders to be discussed with counsel.