Cultural lag is getting shorter and shorter and the body of law has to adopt the pace so defined. This aspect is much more prominent in case of media where this pace can even be seen with the naked eyes. Media in the world has grown into an established economy in past few decades with its revenues becoming more than many nation states. Laws in this regard are also adopted and changed regularly to meet the complexities emerging in every day life. Enactments by the legislature, rules and regulations by respective departments and legal precedents are important factors in such changes. In the recent case of Fisher (original respondent and cress appellant) vs. Broker and other (original Appellants and cross-respondent) contractual obligations arising out of copyright and royalty agreements - both in express and implied terms- have been dealt in length and this case has given new dimensions to media law. In the below discussion we will discuss the details of the case in detail while looking at its implication for the media law.
This case is about the copyrights and ownership of an all times hit song which was recorded in year 1967 by a band Procol Harum comprising of respondents of the appeal. Methew Fisher, plaintiff of the case joined the band soon after the first recording of the song, but the recording contract was agreed after inclusion of plaintiff in the band as organist. Plaintiff had contributed to the song by introducing a composition of organ solo at the start of the song which acted as counter melody through out the song. During the proceedings of the suit judge rated the contribution of the plaintiff as 40% of the total work.
Before inclusion of plaintiff into the band, respondents, Mr. Brooker and Mr. Reid had entered into a contract of copyrights with Essex for the royalty of the song. It is observed that initial recording was made before the joining of