Sony/ATV Music Publishing LLC and another v WPMC Ltd and another [2015] EWHC 1853, (Ch), [2015] All ER (D) 37 (Jul)
The claimants were the owner and licensee, respectively, of the worldwide copyrights in eight songs performed by the Beatles at their first concert in the Unitest States of America in 1964 (the copyright works). The Chancery Division, in allowing their claims against the defendants for infringement of copyright, held that the inclusion of the copyright works in a documentary made by the second defendant did not amount to fair use; that there had been no binding contract obligating the claimants to issue a licence to the second defendant; and that the defendants could not rely on proprietary estoppel where the representations relied on had been expressly stipulated to be subject to contract.
