C was professional fiddle player who had been hired for session recording of song ‘Young at Heart’. Claimed he had composed violin part which featured prominently in song, and as such was joint author. Held:
· C was a joint author.
First Instance
1) On facts, violin part is sufficiently significant and original
2) violin part is ‘not separate’from work as a whole.
Ø this because violin part would not make sense without what is in work already
Court of Appeal
3) On facts, there was collaboration
Ø To show collaboration must be ‘joint labouring in furtherance of a common design
Ø however this does not mean there must be intention to have joint authorship
– simply requires that the joint authors engaged in a process of jointly creating work in question
– rather than C merely making additions to an already complete piece
