Redwood Music Ltd v Francis, Day and Hunter: 1978

The court asked about the history of the assignability of a copyright reversion: ‘The Act of 1911 was repealed by the Copyright Act 1956; and the Act of 1956 contains no provision comparable to the proviso to section 5(2) of the Act of 1911. However by virtue of section 50 and paragraph 28 of the Seventh Schedule of the Act of 1956, the proviso to section 5(2) of the Act of 1911 remains applicable to pre-1957 works, unless some further assignment of the copyright has been made since the commencement of the Act of 1956. It is perhaps of some significance that Parliament did not consider the reversionary interest worth preserving in the Act of 1956.’

Judges:

Goff J

Citations:

[1978] RPC 429

Statutes:

Copyright Act 1911 5(2), Copyright Act 1956 50

Jurisdiction:

England and Wales

Cited by:

CitedNovello and Company Limited v Keith Prowse Music Publishing Company Limited ChD 7-Apr-2004
The author had executed an assignment of the reversionary copyright interests in his musical works. The parties sought a declaration as to whether such an assignment was capable of being effective in law.
Held: The agreement was effective. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 13 May 2022; Ref: scu.195951