ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The Patry Copyright Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: The Patry Copyright Blog

A Pale Appeal

By William Patry

ADVERTISEMENTS
Last December I did a post on a successful claim by Matthew Fisher of the band Procol Harum that he was a co-author of their song "A Whiter Shade of Pale." The Court of Appeal just reversed, decision here. Lord Justice Mummery's opinion for the appeals court noted the declaratory nature of the claim rather than one to prevent future uses or a claim of infringement, something not possible given the other defendants were co-authors. On this point, he voted not to disturb the trial court's holding on ownership, but this was of no practical benefit to plaintiff since he voted to allow the appeal (that is reverse) on the grounds of excessive and inexcusable delay, as well as an irrevocable implied license by acquiescence. Mr. Justice David Richards disagreed on this final point, as regards a claim for profits sharing (he did agree on injunctive relief), noting there is under UK law (unlike U.S. copyright law as interpreted by the courts), no limitations bar on claims to copyright. It was left to Sir Paul Kennedy to cast the deciding vote with Lord Justice Mummery.

Full post as published by The Patry Copyright Blog on April 04, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.013 secs (new cache)