Defendant, bass guitarist of Spandau Ballet, held copyright in group’s songs (save for one).
Claimant, other members of Spandau Ballet, claimed that all the members of group were joint authors of some or all of the songs.
Defendant did not read sheet music, and therefore composed songs on instruments before presenting them to band; Claimant claimed that other members’ interpretations of music with which Defendant presented them was sufficient to make them joint authors or recorded songs.
Is clear distinction between the:
Performance of a song;
Authorship of that song
On facts, other members were not joint authors of all of the songs
Although other members played in their own ways based upon what Defendant had presented them with, these were matters of performance and NOT a creation of a musical work
E.g. creation of a sax solo/drum part was simply performers fitting into the rhythm and harmony of song that Defendant had already created.
IP law notes fully updated for recent exams at Oxford and Cambridge. Th...
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