D, bass guitarist of Spandau Ballet, held copyright in group’s songs (save for one). C, other members of Spandau Ballet, claimed that all the members of group were joint authors of some or all of the songs. D did not read sheet music, and therefore composed songs on instruments before presenting them to band; C claimed that other members’ interpretations of music with which D presented them was sufficient to make them joint authors or recorded songs. Held:
· Is clear distinction between the:
i) Performance of a song;
ii) Authorship of that song
· On facts, other members were not joint authors of all of the songs
Ø although other members played in their own ways based upon what D had presented them with, these were matters of performance
Ø and NOT creation of a musical work
Ø e.g. creation of a sax solo/drum part was simply performers fitting into the rhythm and harmony of song that D had already created.