Music Files (civil case)
Well, I’ve reached the end of the road: my ‘permission to appeal’ was refused.
The Order stated:
“…the Appellant may NOT request this decision to be reconsidered at a hearing. This decision is final and is not subject to review or appeal.”
The Judge gave these reasons:
“The only cause of action pursued at the trial was conversion [not my initial intention; I kind of got pushed in that direction by the court] … the tort of conversion applies only to chattels and not to intangible property …His rights in the songs he composed amount to intangible, intellectual property rights, which cannot be the subject of an action for conversion [actually, my intellectual property rights extend to the recordings themselves, which were the subject of this claim; nonetheless, the point remains the same] … The proposed appeal has no realistic (as distinct from fanciful) prospect of success and is entirely devoid of merit [ouch!]. Nor is there any other compelling reason for an appeal to go forward.”
A cautionary tale for every prisoner who creates any kind of intangible property. Certainly in this case, the MoJ have treated my work (and me) with contempt. To what end? Who knows?
Be happy, be safe.
Graham Coutts, 11th November 2017.