Copyright - Smith v Newman
Authors Ben Sutherland Beyond My Ken Licence CC BY-SA 2.0 Source Wikimedia Commons Jane Lambert Chancery Division (Mr Justice Zacaroli) Smith v Dryden and others [2021] EWHC 2277 (11 Aug 2021) This was a claim by Kelly-Marie Smith against Kesi Dryden and others for copyright infringement. The claimant wrote the words and music for a song called Can You Tell Me . She claimed that copyright subsisted in those works and that those copyrights had been infringed by the performance, recording and publication of the song Waiting All Night. The song had been written by James Newman and recorded by the band Rudimental . The action came on for trial before Mr Justice Zacaroli between 20 and 26 July 2021. At para [86] of his judgment in Smith v Dryden and others [2021] EWHC 2277, the learned judge dismissed the claim. The judge referred to s.1 (1) and s.3 (1) of the Copyright, Designs and Patents Act 1988 . He also cited para [33] of Judg...