1. A lecturer in classical music at Aberystwyth University, works on the
incomplete and unfinished music scores of a 18thcentury composer. The
lecturer produces performing editions of the music, which can be performed
by an orchestra. Does copyright subsist in modern performing editions of out-
of-copyright music? Use case law to illustrate your answer.
Answer
This essay seeks to deal with the issue on whether or not the performing editions of
the music produced by the lecturer is capable of being protected by copyright.
In the current case, it is not disputable that the work in issue falls under the category
of musical works. Stated under section 1 of the CDPA 1988. In order for the musical
work to be protected under copyright law, four requirements must be satisfied:
1) Fixation
2) Originality
3) Connection
4) Public policy requirement
In the current case, there would be no issue for the requirements of fixation,
connection and public policy to be established. As it would be safe to infer that the
work in issue (the performing editions) is in a material form as it would be impossible
to perform an orchestra without a physical piece, and that the work shares a
connection with United Kingdom as the work was done in Aberystwyth University. In
relation to the public policy requirement, there would be no issue for the work to
qualify as it does not fall under the category of works which is illegal, immoral or
indecent as illustrated in Glyn v Western Film Feature and AG v Guardian (No.2).
In establishing the requirement of originality, the case of Ladbroke v William Hill
states that it must be shown that labour, skill and judgement were involved in the
making of the work. Furthermore, in dealing with cases which involves reworking of
an old piece of work, cases of Christoffer v Poseidon Film and Sawkins v Hyperion
Records Ltd affirmed that the reworking by a modern author of an old work would not
prevent the new work from being ‘original’ which falls under the CDPA 1988 if
necessary involvement of labour, skill and judgement were illustrated.
incomplete and unfinished music scores of a 18thcentury composer. The
lecturer produces performing editions of the music, which can be performed
by an orchestra. Does copyright subsist in modern performing editions of out-
of-copyright music? Use case law to illustrate your answer.
Answer
This essay seeks to deal with the issue on whether or not the performing editions of
the music produced by the lecturer is capable of being protected by copyright.
In the current case, it is not disputable that the work in issue falls under the category
of musical works. Stated under section 1 of the CDPA 1988. In order for the musical
work to be protected under copyright law, four requirements must be satisfied:
1) Fixation
2) Originality
3) Connection
4) Public policy requirement
In the current case, there would be no issue for the requirements of fixation,
connection and public policy to be established. As it would be safe to infer that the
work in issue (the performing editions) is in a material form as it would be impossible
to perform an orchestra without a physical piece, and that the work shares a
connection with United Kingdom as the work was done in Aberystwyth University. In
relation to the public policy requirement, there would be no issue for the work to
qualify as it does not fall under the category of works which is illegal, immoral or
indecent as illustrated in Glyn v Western Film Feature and AG v Guardian (No.2).
In establishing the requirement of originality, the case of Ladbroke v William Hill
states that it must be shown that labour, skill and judgement were involved in the
making of the work. Furthermore, in dealing with cases which involves reworking of
an old piece of work, cases of Christoffer v Poseidon Film and Sawkins v Hyperion
Records Ltd affirmed that the reworking by a modern author of an old work would not
prevent the new work from being ‘original’ which falls under the CDPA 1988 if
necessary involvement of labour, skill and judgement were illustrated.
