To what extent are intellectual property rights matrimonial assets? asks Jane Foulser McFarlane
The Sunday Times (2 August 2009) reported that ex-Genesis guitarist, Steve Hackett and his wife Kim Poor, who divorced last year, after a 32-year marriage, were embarking on litigation in the High Court, to determine whether Ms Poor, an artist and jewellery designer, was entitled to revenue from Mr Hackett’s intellectual property rights, in respect of classic 1970’s Genesis songs, which he wrote, co-wrote and performed.
Mr Hackett, who had been a lead guitarist with Genesis, until he left the band in the mid 1970s to embark on a solo career, formed a company known as Stephen Hackett Limited, with a view to his future intellectual property rights and royalties, being assigned to that company. Ms Poor is alleging that she is a joint owner of the company, and is entitled to a share of his rights and royalties. However, it appears that Mr Hackett had arranged for all royalties to be paid directly to him as opposed to the company. While the full facts of this case will not
