Hadley v Kemp

JurisdictionEngland & Wales
Date1999
Year1999
CourtChancery Division
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16 cases
  • Beckingham v Hodgens
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 February 2003
    ...in the context of unconscionability, Mr Engelman cites Godfrey v. Lees & Ors [1995] EMLR 307 (a decision of Blackburne J) and Hadley & Ors v. Kemp & Ors [1999] EMLR 589 (a decision of Park J). Mr Engelman submits that there is a direct analogy between these two cases and the instant case. M......
  • Reformation Publishing Company Ltd v Cruiseco Ltd
    • United Kingdom
    • Chancery Division
    • 22 October 2018
    ...me but who was not cross-examined on this part of his evidence. 10 I have also had the benefit of reading the judgment of Park J in Hadley v Kemp [1999] EMLR 589. This was a judgment given after trial of an action in which three of the other members of Spandau Ballet (Mr Tony Hadley, the b......
  • Sawkins v Hyperion Records Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 May 2005
    ...skill and labour." Its effect on the sound of Lalande's music was not such as to amount to a new and substantive musical work in itself: Hadley v. Kemp [1999] EMLR 589 at 643 (a case on the different question of whether a joint work was created by contributions to its performance and interp......
  • Mr Jeffrey Ross Blue v Mr Michael James Wallace Ashley
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 26 July 2017
    ...an agreement between members of a band who were also friends to share publishing income from songs credited to one of the band members: Hadley v Kemp [1999] EMLR 589, 623. Many other examples can be found but it is not helpful to multiply them as each case depends on its own facts. 56 Facto......
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5 books & journal articles
  • Distributed Ownership in Music
    • United Kingdom
    • Sage Social & Legal Studies No. 27-6, December 2018
    • 1 December 2018
    ...3239 (Ch), [2007] FSR 12Fisher v Brooker [2008] EWCA Civ 287, [2008] FSR 26Fisher v Brooker [2009] UKHL 41, [2009] FSR 25Hadley v Kemp [1999] E.M.L.R. 589Jodie Henderson v All Around the World Recordings Inc [2013] EWPCC 7Newton v Diamond et al. 204 F. Supp. 2d 1244, 1256 (CD Cal. 2002); 34......
  • Out of Tune: Why Copyright Law Needs Music Lessons
    • Canada
    • Irwin Books Intellectual Property for the 21st Century: Interdisciplinary Approaches New Windows on Intellectual Property Law
    • 21 June 2014
    ...Hawkes & Son, above note 4; Redwood Music Ltd v Chappell & Co Ltd, [1982] RPC 109; Godfrey v Lees, [1995] EMLR 307 (Ch); Hadley v Kemp, [1999] EMLR 589; Herald Square Music v Living Music, 205 USPQ 1241 (SDNY 1978). 60 • caryS craIG & GuIllauME larOcHE cluding functions.” 71 Concluding func......
  • Introduction: Harmony or Dissonance? Copyright Concepts and Musical Practice
    • United Kingdom
    • Sage Social & Legal Studies No. 15-1, March 2006
    • 1 March 2006
    ...& Hunter Ltd vBron [1963] Ch. 587Fylde Microsystems Ltd. vKey Radio Systems Ltd [1998] FSR 449Godfrey vLees [1995] EMLR 307Hadley vKemp [1999] EMLR 589Midler vFord Motor Co. 849 F.2d 460 (9th Cir 1988)Newton vDiamond et al. 204 F. Supp. 2d 1244, 1256 (CD Cal. 2002); 349 F. 3d 591(9th Cir. 2......
  • Public open collaborative creation (POCC): A new archetype of authorship?
    • United States
    • Wiley The Journal of World Intellectual Property No. 22-1-2, March 2019
    • 1 March 2019
    ...of an open work due to an absence of direct interaction among them.40Robin Ray v Classic FM [1998] FSR 62241Hadley v Kemp [1999] EMLR 58942Stuart v Barrett and Others [1994] EMLR 44843Dolin distinguishes between the approach of the Ninth Circuit and the approach of the Seventh Circuit that ......
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