In what circumstances will a court order that a song is a work of joint authorship?
British Columbia, Canada
The following excerpt is from Neudorf v. Nettwerk Productions Ltd., 1999 CanLII 7014 (BC SC):
In Godfrey v. Lees, supra, it was not disputed that the plaintiff wrote the extensive orchestral passages which linked the verses and choruses and accompanied the third verse and chorus in one of the songs in dispute. The court found that the orchestral passages adapted and built upon the sequence (a four-bar unaccompanied guitar passage) and chorus sections. The parties disputed who composed a four note descending harmonic line which was an important feature of the sequence. The court held that the work as a whole was a work of joint authorship. The court held, "Irrespective of who was responsible for the four note descending harmonic line in the sequence, it is plain that the plaintiff's contribution to the composition of this arrangement of the work was substantial."
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