Confetti Records v Warner Music UK Ltd [2003] EWHC (Ch) 1274

• Claimant composed garage track.

• Defendant had been in negotiations to use track on a compilation album, but deal fell through late in day – by which time Defendant had already mixed album. Claimant’s work was used as backing track over which rappers employed by Defendant rapped lyrics.

• Claimant claimed derogatory treatment in light of fact that lyrics were suggestive of violence and drug usage, and fact the Claimant’s original work had been distorted beyond recognition.

Held

• Section 80(2) requires that mutilation or distortion of Claimant’s work is only derogatory if prejudicial to honour or reputation of Claimant

  • i.e. this inferred from use of ‘or otherwise prejudicial’

• On facts, no derogatory treatment

  • Mere distortion of music does not suffice

  • Lyrics in question were not offensive

• Most importantly, was no evidence that what had happened had caused any prejudice to Claimant’s honour or reputation