Copyright and reversionary interests

Novello & Co Ltd v Keith Prowse Music Publishing Co Ltd [2004] EWHC 766 (Ch)

The claimant sought to establish that it owned the reversionary interest in the copyright in the works of the deceased composer, Ivor Novello, by reason of an assignment by the trustees of his will. The defendant asserted ownership of the reversionary interest under an assignment executed prior to Novello’s death. All of the musical works in relation to which ownership was disputed had been written before the Copyright Act 1956 came into force. In the 1940s, Novello had assigned the ‘whole of his copyright’ in the music and songs to a company, who in turn assigned the rights to the defendant. In 1973, Novello executed a further assignment in writing in favour of the defendant. It was common ground that if that assignment was effective to vest in the defendant the reversionary interest, then the assignment to the claimant of the same rights by Novello’s trustees in 2000 was of no effect. Judgment was given for the defendant.