Say A Prayer For them Now; Duran Duran get leave to appeal

The 80's iconic New Romantic band, Duran Duran are in dispute with their old record label over the ownership of the copyright in their first three albums and the bond theme tune 'View to a Kill'.  The dispute surrounds the right under American Law which entitles musicians to the reversion of the copyright in their songs after 35 years.

Back in December we reported that Mr Justice Arnold had denied the band the right to seek to reclaim the copyright in the disputed tracks as they were bound by contract governed by English Law preventing them from seeking that reversion.  The assignment Duran Duran entered in to with the Claimant related to intellectual property rights in all countries around the world.

Duran Duran sought to exercise their reversion rights in the US in 2014, serving notice of the same on the Claimant.  The judge found in favour of the Claimant. As a result, Duran Duran has been denied a statutory right under US law, to claim a reversion on their copyright, due to the original assignment being subject to English law and relating to global intellectual property.

We said at the time we wondered whether there would be an appeal. On Friday Mr Justice Arnold, the same judge who had denied the claim, granted leave to Appeal.  The case is widely thought to be a test case relating to Artist's rights.

If Duran Duran are successful it will have a significant effect on ownership models in the music industry.

If you have any questions on the above please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.