Messager v British Broadcasting Company Ltd

[1929] A.C. 151

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(Decision by: Viscount Sumner)

Between: Messager - Appellant
And: British Broadcasting Company Ltd - Respondent

Court:

Judges: Lord Hailsham LC

Viscount SumnerLord Buckmaster
Lord Carson
Lord Warrington of Clyffe

Subject References:
COPYRIGHT
INFRINGEMENT
Opera
Broadcasting
Performing Rights Agreement
Licence or Assignment
Construction

Judgment date: 8 November 1928

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Decision by:
Viscount Sumner

My Lords, I agree, and for the same reasons.

It appears to me that the words of clause 1, which contain an explicit grant, complemented by clause 2, which states what is not included in the grant, and followed in clause 5 by provisions as to defeasance and reversion of the rights of representation to the composer and his colleagues, so as to become again their absolute property, are too clear and too express to be compatible with anything but an assignment of that exclusive right. The words in the preamble, and the words in which in various clauses the parties are described as "licensors" and "licensee," are not strong enough in my opinion to override the clauses in question, or to warrant us in giving them an unnatural construction. It may be in the result that there are some uses to which this right can be put from which M. Messager will not be entitled under the agreement to derive any advantage. If so, it is unfortunate, though I think it probable that, especially at the time when the agreement was made, some of them were not and could not be foreseen, and others had little or no importance as a matter of practice. Be that as it may, he, and those who are responsible for drafting this lamentable document, may well regret it; but their regret is not sufficient to induce your Lordships to read the agreement in any other sense than that which it properly bears.