2017 -30 – music files

Music Files (civil case)

Hello friend,

So, to fill in the gaps: the MOJ have finally confirmed that they have deleted all of my work. This they must have done after I gave them due notice, in writing, of my intention to bring a claim against them; naughty.

Mainly though, there has been lots of procedural stuff: disclosure; allocation to multi-track; direction questionnaires; pre-trial checklists; witness statements, etc.

However, the MOJ did try, and fail, to get my claim struck out in December last year. Interestingly, at that hearing, they changed their strategy. Previously, they had always disagreed that I was the producer and copyright owner of recordings; now they have admitted that the copyright belongs to me, and as such, I am the owner.

There have been no cases that I am aware of where the issue is the destruction of intangible property by the interpretation of common law; specifically, ‘bailment’ (Google it).

I feel that I have a strong case but this is a developing area of law; we’ll see what happens at trial.

Be happy, be safe (and be careful whose files you delete).

Graham Coutts, 3rd March 2017

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