Fisher v Brooker

This case involves an appeal by Matthew Fisher against a decision of the Court of Appeal which had set aside two of the three declarations made by the trial judge in a case concerning the ownership of the musical copyright in the song “A Whiter Shade of Pale”. The respondents, Essex Music Ltd and Gary Brooker, cross-appealed against the trial judge’s decision. The House of Lords allowed Fisher’s appeal and dismissed the respondents’ cross-appeal. The key issues in the case were whether Fisher had an implied assignment of his interest in the musical copyright to Essex, whether the recording contract deprived Fisher of his share of the musical copyright, and whether Fisher’s delay in asserting his claim to a share of the copyright amounted to laches, estoppel or acquiescence. The House of Lords found that there was no implied assignment of Fisher’s interest in the musical copyright to Essex, that the recording contract did not deprive Fisher of his share of the musical copyright, and that Fisher’s delay in asserting his claim did not amount to laches, estoppel or acquiescence. The House of Lords held that Fisher was entitled to recognition as a co-owner of the musical copyright in the work and to receive his share of royalties. The court’s decision was based on the principle that a right of property is absolute and that Fisher was not estopped from asserting his copyright interest. The House of Lords reinstated the declarations made by the trial judge, subject to a possible amendment to the third declaration to keep open the issue of whether Essex’s rights under the recording contract had been validly assigned to Onward.