Henderson v All Around the World Recordings Ltd
2014
INTELLECTUAL PROPERTY ENTERPRISE COURT
United Kingdom
CORAM
- HIS HONOUR JUDGE HACON
Areas of Law
- Intellectual Property Law
2014
INTELLECTUAL PROPERTY ENTERPRISE COURT
United Kingdom
CORAM
AI Generated Summary
Miss Henderson, known as Jodie Aysha, wrote and performed 'Heartbroken.' Without her consent, Mr. Tawonezvi recorded a version of the song and released it as 'T2 - Heartbroken.' Judge Hacon found that Miss Henderson's performer’s rights were infringed. She is entitled to damages for this infringement based on the 'user principle.' This case highlights legal principles regarding compensation for infringement and the definition of damages under intellectual property law.
Judgment
Judge Hacon :
Introduction
This is an inquiry as to damages heard pursuant to the Order of HH Judge Birss QC dated 18th March 2013, following his judgment of 13 February 2013.
The background facts, which are also relevant to this inquiry, were set out in the judgment:
“[1] The claimant, Miss Henderson, is a singer, songwriter and musician. Her stage name is Jodie Aysha. In 2004, when she was about 14 years old Miss Henderson composed the lyrics for a song called Heartbroken. There is a dispute about the melody to which I will return.
[2] In 2005 she met with Tafazwa Tawonezvi. He is about the same age as Miss Henderson and they had been working on musical projects in Yorkshire since about 2003. At that time he was concentrating on styles of music known as Grime, Hip Hop and R&B. Mr Tawonezvi is known universally as T2. Mr Tawonezvi had a computer-based recording system set up in a bedroom in the flat where he was living at the time. The system was used to play some slow R&B beats. Miss Henderson sang Heartbroken into Mr Tawonezvi's system and a recording was made. There is a dispute about exactly what happened on that occasion and on what terms, but there is no doubt a recording of Miss Henderson's vocal performance was made.
[3] In mid 2005 Mr Tawonezvi's musical interest focussed on a new sound genre now called “Bassline” but then known as “Niche”, stemming from a nightclub of that name in Sheffield. He started making Bassline tracks using his own equipment and by early 2006 Mr Tawonezvi had people following his music in the whole of Yorkshire. His reputation at clubs in 2006 began to grow and by the end of 2006 he was becoming a successful DJ doing 3 to 5 gigs a week.
[4] In January 2007 Mr Tawonezvi returned to the recording of Miss Henderson's vocal performance which he had retained. Using this recording he produced a new version of Heartbroken. The new version consists essentially of Miss Henderson's vocal performance mixed above a new “Bassline” bass-line created (or at least mixed) by Mr Tawonezvi. Mr Tawonezvi altered the pitch of Miss Henderson's voice electronically and also “chopped up” her vocals in certain ways. In addition the chorus of Heartbroken as it appears on the track more than once is the same segment of Miss Henderson's vocal, repeated.
[5] Mr Tawonezvi sent a copy of the track to Sean Scott, another DJ, for him to put on his January mix CD. Mr Tawonezvi released the track as “T2 — Heartbroken”.
[6] Th