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High Court decision clouds the issue of collaboration.(Viewpoint)
The High Court's decision in the case of Mark Taylor v Rive Droite Music has potentially far-reaching consequences for music publishers and songwriters.
One issue involved the songs Hero and Love To See You Cry, co-written by my client Mr Taylor for the Enrique Iglesias album Escape. Essentially, another co-writer (Paul Barry) and Mr Iglesias composed "work in progress" versions of the songs in summer 2000, in the expectation that Mr Taylor would help complete them, which he duly did in December 2000.
The court held that copyright arose in the unfinished versions before Mr Taylor worked on them; that under Mr Barry's publishing agreement with RDM, all copyright was assigned to RDM and that Mr Taylor had infringed that copyright by "working up" the songs with Mr Barry and Mr Iglesias in December 2000.
The court's decision has alarming consequences. Co-writers could be liable for infringement by working on material already conceived by another co-writer. So ...
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