Gloucester Place Music Ltd v Le Bon & Ors [2016] EWHC 3091 (Ch) (02 December 2016)

Gloucester Place Music Ltd v Le Bon & Ors [2016] EWHC 3091 (Ch) (02 December 2016)

The agreements, properly construed under English law, required the defendants to vest the entire US copyrights in the claimant for the full term, implicitly precluding exercise of US statutory termination rights under section 203; serving the termination notices was a breach of contract.

Citation
[2016] EWHC 3091 (Ch)
Parties
Claimant: Gloucester Place Music Limited; Defendant: Simon Le Bon; Defendant: Nigel Taylor; Defendant: Nicholas Bates; Defendant: Roger Taylor; Defendant: Andrew Taylor; Defendant: Noticevale Limited; Defendant: Hintcrest Limited; Defendant: Youngstown Limited; Defendant: Exitglen Limited; Defendant: Humbleward Limited; Defendant: Vetchcrest Limited; Defendant: Actionlink Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2016
Procedural Posture
Part 8 Claim (interpretation of Contract) / First Instance Judgment
Outcome
Declarations to be granted in favour of the claimant; defendants have acted in breach of contract by serving or not withdrawing the termination notices.
Legal Topics
Copyright Assignment, Interpretation of Contracts, International Copyright, Non Derogation From Grant, Jurisdiction and Applicable Law
Intellectual Property Contract Law Conflict of Laws Copyright Assignment Interpretation of Contracts International Copyright Non Derogation From Grant Jurisdiction and Applicable Law

Case Brief

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Parties

Gloucester Place Music Limited

Claimant

Simon Le Bon

Defendant

Nigel Taylor

Defendant

Nicholas Bates

Defendant

Roger Taylor

Defendant

Andrew Taylor

Defendant

Noticevale Limited

Defendant

Hintcrest Limited

Defendant

Youngstown Limited

Defendant

Exitglen Limited

Defendant

Humbleward Limited

Defendant

Vetchcrest Limited

Defendant

Actionlink Limited

Defendant

Procedural Posture

Part 8 Claim (interpretation of Contract) / First Instance Judgment

Legal Issues

  1. 1 Whether the defendants breached music publishing agreements by serving US copyright termination notices under section 203 of the US Copyright Act 1976
  2. 2 Whether the agreements precluded exercise of US statutory termination rights

Ratio Decidendi

The agreements, properly construed under English law, required the defendants to vest the entire US copyrights in the claimant for the full term, implicitly precluding exercise of US statutory termination rights under section 203; serving the termination notices was a breach of contract.

Court Disposition

Declarations to be granted in favour of the claimant; defendants have acted in breach of contract by serving or not withdrawing the termination notices.