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Gramophone Company Ltd v Stephen Cowardine and Company

Date

14 December 1933

Legislation

Keywords

performance in public; copyrigh

Counsel

Hon Sir Stafford Cripps KC, Basil Drew, Fergus Morton KC, FE Sugden

Solicitors

Brood & Son; Hall; Bridon & Chapmen

Judge

Maughan J

Court

Chancery Division

Reported

[1934] 1 Ch 450

Summary

Copyright in the original work is not interfered with by the copyright in a record itself. The original owner has the sole right of performing the work in public and can restrain a public performance (so long as his copyright subsists) by an owner of copyright in a record (uses an analogy with arrangements; the rights of the adapter are subordinate to those of the composer).

"The person who has a copyright in the record is entitled to sell it and the buyer is entitled to make the work audible in private circles, since that is not an infringement of any right."

NOTE: the law in this area is now governed by the provisions of the Copyright Designs and Patents Act 1988 and its associated caselaw.

Reviewed 30 November 2008