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Fisher v Brooker & Onward Music Ltd

[2006] EWHC 3239 (Ch)

Case summary last updated at 29/01/2020 17:11 by the Oxbridge Notes in-house law team.

Judgement for the case Fisher v Brooker & Onward Music Ltd

C, performer of an organ part in song “Whiter Shade of Pale”, claimed he was joint author of the song with D, band member who had originally composed song. C had composed a detailed organ solo, along with organ accompaniment for entire duration of 4 minute piece. Held:
·       Organ solo was significant contribution to overall work.
Ø  In that it was more than trivial.
·       Organ solo was also an original contribution to overall work.
Ø  in that it was:
i)     the product of skill and labour.
ii)    sufficiently different from piano part that D had originally composed.
·       Therefore C was joint author of song.

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