Wade & Anor v British Sky Broadcasting Ltd
2014
CHANCERY DIVISION
United Kingdom
CORAM
- MR JUSTICE BIRSS
Areas of Law
- Contract Law
- Intellectual Property Law
2014
CHANCERY DIVISION
United Kingdom
CORAM
AI Generated Summary
Mr. Wade and Ms. Perry accused Sky of using their confidential pitch for a music show, The Real Deal, to create Must Be The Music. The court held that Sky did not misuse the confidential information. Must Be The Music was found to be independently developed. The applicable legal principles included the requirements for breach of confidence and the necessity for the information to have a quality of confidence. Win or lose, the confidentiality principle and independent derivation arguments were critically examined.
Judgment
Mr Justice Birss :
The claimants, Mr Wade and Ms Perry, have had successful careers in the music business. In about 2006 they conceived an idea for a television programme. The show was to be called The Real Deal. It was to be a primetime music talent show that features artists who write and perform their own material. The emphasis was on singer-songwriters in the widest sense, that is to say on artists who performed a song they had written but including bands and vocal groups as well as individuals. The on-screen judges were to be celebrity singer-songwriters and not managers, executives or A&R men. Another key element in the idea was that the original track the artists perform on the Saturday was to be made available for download from the Sunday onwards and would be eligible for inclusion in the national chart. Therefore the potential existed for acts performing on The Real Deal to achieve chart positions during the course of the series. Another element consistent with being on primetime TV was that the show would involve catchy classic pop songs. Off screen experts were to ensure that the finalists had great songs for the live finals. By offering a programme genre that was a proven winner (i.e. a music talent show) and adding the twist of employing performer written music, the aim was to take the ratings and moral high ground.
The format started with auditions in which potential contestants were invited to perform in front of a panel and some invited back for a second audition where selections for the live finals were made. Eight contestants would be selected for the live finals. The live shows would adopt what is known as a “whittle” format starting with eight contestants in the first show and losing one per show until the final. The winner, and possibly other contestants, would receive a contract with a major record label allowing them to advance their careers in the music business.
The claimants formed a group called The Real Deal Partnership including themselves, Lester Mordue and Tim van Someren. Amongst other jobs in television Mr Mordue had been Head of Programming at MTV. Mr van Someren was an experienced television director. The Real Deal Partnership was a credible team. Two major record companies EMI and Universal expressed genuine interest in the show.
The Real Deal Partnership pitched the idea to Jo Wallace at the BBC in November 2008. She was not interested. She was particularly concerned with the emphasis on original music. Sh