Minder Music Ltd & Anor v Sharples

Minder Music Ltd & Anor v Sharples

The court found that Steven Sharples made a small but significant original contribution to the music of the Album Version by composing and adding string sections, entitling him to a 20% share of the copyright in the music of the Album Version. He made no contribution to the lyrics and is not a joint author of the literary copyright. The Settlement Agreement is not voidable as an unconscionable bargain because there was no unconscientious conduct by Mr Sharples. There was no binding oral agreement (the Canalot Agreement) and Mr McMahon had no authority to bind the claimants.

Parties
First Claimant: Minder Music Limited; Second Claimant: Julia Adamson; Defendant: Steven Sharples
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Intellectual Property Copyright / Judgment After Trial
Outcome
Declarations sought by the claimants refused; Mr Sharples entitled to a 20% share in the musical copyright of the Album Version; Settlement Agreement upheld.
Legal Topics
Copyright Ownership, Joint Authorship, Unconscionable Bargain, Agency and Authority, Settlement Agreements
Intellectual Property Contract Law Copyright Ownership Joint Authorship Unconscionable Bargain Agency and Authority Settlement Agreements

Case Brief

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Parties

Minder Music Limited

First Claimant

Julia Adamson

Second Claimant

Steven Sharples

Defendant

Procedural Posture

Intellectual Property Copyright / Judgment After Trial

Legal Issues

  1. 1 Whether Steven Sharples is entitled to a share of copyright in the song 'Touch Sensitive' (Album Version) as joint author or by agreement
  2. 2 Whether the Settlement Agreement between Julia Adamson and Steven Sharples is voidable as an unconscionable bargain
  3. 3 Whether Mr McMahon had authority to bind the claimants to an agreement with Mr Sharples

Ratio Decidendi

The court found that Steven Sharples made a small but significant original contribution to the music of the Album Version by composing and adding string sections, entitling him to a 20% share of the copyright in the music of the Album Version. He made no contribution to the lyrics and is not a joint author of the literary copyright. The Settlement Agreement is not voidable as an unconscionable bargain because there was no unconscientious conduct by Mr Sharples. There was no binding oral agreement (the Canalot Agreement) and Mr McMahon had no authority to bind the claimants.

Court Disposition

Declarations sought by the claimants refused; Mr Sharples entitled to a 20% share in the musical copyright of the Album Version; Settlement Agreement upheld.

Orders

  • No declarations in the form sought by the claimants granted.
  • Mr Sharples entitled to 20% share of copyright in the music of the Album Version.