B e f o r e :
(sitting as a deputy judge)
| Far Out Productions Inc
(A corporation incorporated under the laws of California)
|(1) Unilever UK & CN Holdings Limited
(2) Unilever Bestfoods UK Limited
(3) BMP DDB Limited
(4) Water Music Productions Limited
|Water Music Productions Limited
||Part 20 Claimant
|BMP DDB Limited
||Part 20 Defendant
Mr. Ian Mill Q.C. and Ms. Jane Mulcahy, instructed by Forbes Anderson Free, appeared for the 1st to 3rd defendants.
MrPeter Prescott Q.C. and Mr Stephen Bate, instructed.by Swan Turton LLP- appeared for the 4th defendant.
Crown Copyright ©
"... unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant."
"This (a sound recording copyright) is a type of copyright of narrow scope (sometimes called a 'signal' or 'image' copyright ...). Thus it is only the actual recorded soundwaves that are protected, not any underlying creative content; for unlike a literary, dramatic, musical or artistic work, a sound recording does not have to be 'original' ... thus the proprietor of the record has merely the right to complain of the 'lifting' of the actual recorded sounds e.g. by electronic or similar means. He has no right to stop others from hiring a studio, musicians etc and imitating the performance as closely as they please ... of course, they would need to have a licence from the owners of the copyrights in the words and music, but that is another thing."
"It..appears that there has been an infringement of the copyright in the sound recording of "Low Rider"..this is obviously a matter of great concern to our clients. DDB commissioned a third party production company named Water Music to produce an original recording to be used in the commercials for Marmite. It is apparent that Water Music have breached the terms of their engagement by DDB by incorporating non-original material. The infringement which has taken place was without any knowledge whatsoever on the part of our clients. They are entirely innocent and have believed in good faith throughout.
DDB will be pursuing Water Music in relation to the breach of the terms of their engagement..."
"I am anxious to ascertain what, if any, involvement your company had in the production of the recordings that were used in all of the different advertisements that we used in the overall advertising campaigns for Marmite.
BMP DDP's solicitors tell me your company was engaged to re-record the music for these purposes.
I appreciate the fact that you need to consider your position in the light of the matters that are at issue between my clients, the advertising agency and the manufacturer of Marmite. I also understand that you claim not to have received correspondence on this subject from the solicitors or representatives of either the advertising agency or the food manufacturer prior to me contacting you.
If it is the case that you believe you need to take independent legal advice on matters before speaking with me again, please let me know and put me in touch with the solicitors you choose to instruct..."
The letter concluded by making it clear that draft proceedings had been prepared, and that these were being deferred for the time being.