Peer International Corporation v Termidor Music Publishers Limited

Date

30 July 2003

Legislation

Copyright Act 1911, s.5(2)

Keywords

copyright; title to copyright work; governmental decree

Counsel

David Lloyd Jones QC and Pushpinder Saini, Christopher Greenwood QC and James Mellor

Solicitors:

Sheridans; Teacher Stern Selby.

Judge:

Aldous, Mance and Latham LJJ.

Court:

Court of Appeal (Civil Division)

Reported:

[2003] EMLR 34, [2003] EWCA Civ 1156.

Summary:

Peer sought a declaration that they owned the UK copyright in certain musical works composed by Cuban nationals. Peer’s claims to ownership depended upon agreements made between the 1930s and 1950s with the Cuban composers. This title was challenged by Editora Musical de Cuba (EMC) which claimed to own the copyright in the songs by virtue of a Cuban governmental decree which claimed to transfer ownership of the copyright in the works from Peer to EMC.

Decision

The court of appeal held that the Cuban law in question did not transfer ownership of the UK copyright in the works as it had a confiscatory effect of depriving the person with title from his rights and thus did not take effect in English law.