Ludlow Music Inc v Williams & Ors [2000] EWHC 456 (Ch) (02 October 2000)

Ludlow Music Inc v Williams & Ors [2000] EWHC 456 (Ch) (02 October 2000)

The defendants' copying of the central idea and lyrics from 'I am the way (New York Town)' was substantial and constituted copyright infringement. Summary judgment is appropriate as all relevant material is before the court and a trial would not add to the evidence. The claimants are entitled to damages or an account of profits, but the issue of a permanent injunction requires a full trial due to arguable acquiescence and potential oppression.

Citation
[2000] EWHC 456 (Ch)
Parties
Claimant: Ludlow Music Inc; Defendant: Robbie Williams; Defendant: Guy Chambers; Defendant: EMI Music Publishing Limited; Defendant: BMG Music Publishing Limited
Jurisdiction
England and Wales
Judgment Date
02 October 2000
Procedural Posture
Copyright Infringement / Summary Judgment Application
Outcome
Defendants found to have infringed claimants' copyright; summary judgment granted on liability; damages or account of profits to be determined; injunction issue to be tried.
Legal Topics
Copyright Infringement, Summary Judgment, Remedies for Infringement, Damages and Account of Profits, Injunctions, Acquiescence, Oppression in Remedies
Intellectual Property Copyright Law Copyright Infringement Summary Judgment Remedies for Infringement Damages and Account of Profits Injunctions Acquiescence +1 more

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Parties

Ludlow Music Inc

Claimant

Robbie Williams

Defendant

Guy Chambers

Defendant

EMI Music Publishing Limited

Defendant

BMG Music Publishing Limited

Defendant

Procedural Posture

Copyright Infringement / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants infringed the claimants' copyright in 'I am the way (New York Town)'
  2. 2 Whether the copying was substantial
  3. 3 Whether summary judgment is appropriate

Ratio Decidendi

The defendants' copying of the central idea and lyrics from 'I am the way (New York Town)' was substantial and constituted copyright infringement. Summary judgment is appropriate as all relevant material is before the court and a trial would not add to the evidence. The claimants are entitled to damages or an account of profits, but the issue of a permanent injunction requires a full trial due to arguable acquiescence and potential oppression.

Court Disposition

Defendants found to have infringed claimants' copyright; summary judgment granted on liability; damages or account of profits to be determined; injunction issue to be tried.

Orders

  • Enquiry as to damages or account of profits at claimants' election
  • Injunction issue to be determined at trial