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Gloucester Place Music Limited v. Le Bon

[2016] EWHC 3091 (Ch) (2016)

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Gloucester Place Music Limited v. Le Bon

England and Wales High Court of Justice
[2016] EWHC 3091 (Ch) (2016)

  • Written by Liz Nakamura, JD

Facts

The members of the music group Duran Duran (DD) (defendants) entered into two music-publishing agreements (the agreements) with Gloucester Place Music Limited (GPM) (plaintiff), one in 1980 and the other in 1983. The agreements assigned DD’s copyright interests in multiple hit songs to GPM for the full term of the copyrights, including the right to extend and renew the copyrights. DD was forbidden from transferring or assigning all or part of the relevant copyright interests to any other person or corporation. The agreements’ choice-of-law provisions stated that the agreements were governed by English law. In 2014, DD sent notices to GPM about DD’s intent to terminate the copyright assignments pursuant to § 203 of the United States Copyright Act. GPM sued DD for breach, arguing that the agreements did not allow DD to terminate the assignments. DD challenged, arguing that termination pursuant to § 203 was permitted because (1) it was not expressly prohibited by the agreements and (2) § 203 specifically stated that its termination powers overrode contrary contractual provisions. GPM countered, arguing that because the agreements were governed by English law, whatever termination powers were granted by § 203 were irrelevant and inapplicable.

Rule of Law

Issue

Holding and Reasoning (Arnold, J.)

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Entertainment Law

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