Findings of fact
48.On his own account Mr Dorset heard Et Moi played repeatedly at a party hosted by one of Peter Sellers’ make-up artists. The party may have been in 1972 or, more likely, in 1970 shortly before In the Summertime was released, as Mr Dorset explained in the BBC interview in 1973. I have no doubt that the account he gave in that interview to Nicky Horne was substantially accurate: the music and arrangement of Alright was that of Et Moi “changed around a bit” by Mr Dorset. Mr Dorset wrote the lyrics.49.Mr Dorset knew that he was credited with the collecting societies only as joint author of the lyrics. He must have known this when Alright was released because the song was stated on the label to have been written by “J. Dutronc, J. Lanzman (sic) J. Strange”. He must also have known that he would be paid J. Strange’s share of the royalties. The letter to him from PRS dated 5 July 1976 said that he would be credited as joint author in place of Barry Murray. He made no apparent complaint. Mr Dorset must also have known that his source of royalties for Alright, uniquely, came from EMA, because he was sent royalty statements by EMA solely in relation to that song. The royalty statements said that the payments were due to “Strange Joe (pseudonym) Ray Dorset”. At least one of the covering letters, dated 18 October 1979, was sent to his home address.50.In fact Mr Dorset’s credit as merely joint author of the lyrics of Alright was not a fair reflection of what he had done. He did not write them with Mr Lanzmann. That he accepted the reduced credit and correspondingly reduced royalties suggests that he knew, or came to know of the complaint EMA had made in May 1973 and how it had been resolved.51.I find that Mr Dorset’s contribution to the composition of Alright was the creation of the lyrics plus some adaptation of the music of Et Moi, which otherwise was copied. I also find that Mr Dorset knew that as a consequence of Et Moi having been copied, a deal had been reached with the owners of the rights in Et Moi. Under the terms of that deal EMA acquired the copyright in Alright and Mr Dorset would be credited only as joint author of the lyrics to Alright. It follows that Mr Dorset knew that he never owned the copyright to either the music or lyrics of Alright and neither did Satellite.52.What of Mr Cohen’s knowledge? Alright was released while Mr Dorset was still signed to OML as publisher but probably after Mr Dorset had fallen out with Mr Cohen and OML. Mr Dorset admitted that when the PRS application was made in 1993 Mr Cohen did not know that Mr Dutronc and Mr Lanzmann claimed to have co-written Alright. Mr Cohen therefore cannot have known in 1973. It is likely that by this time in 1973 he was taking no interest in Mr Dorset or Mungo Jerry.53.Mr Cohen began to assist Mr Dorset again in the early 1990s. Mr Cohen’s attention must have been drawn to Alright at that stage. Mr Dorset had become unhappy with the amount of royalties paid by EMA. The course taken was his and Mr Cohen’s ham-fisted solution: a back-dated application to PRS and MCPS to register Satellite as the sole party entitled to mechanical royalties. It seems to have worked.54.Mr Cohen was cross-examined about the application to PRS and MCPS. He said that he was told by Mr Dorset that Mr Dorset had composed Alright, that he took Mr Dorset’s word for it and agreed that the song should be registered. Mr Cohen said that he did not remember why it was back-dated to 1972, adding that Mr Dorset must have been aware of this. The reason for the back-dating and Mr Cohen’s part in what looks like a piece of dishonesty were not resolved. But, as I have mentioned, Mr Dorset said that at this time Mr Cohen did not know that Mr Dutronc and Mr Lanzmann claimed to have co-written Alright. I therefore accept that at least Mr Cohen believed that Mr Dorset was the sole composer of the song.55.Satellite was Mr Dorset’s company. Therefore it was reasonable for Mr Cohen to believe that Satellite owned the copyright in Alright along with Mr Dorset’s other songs. Assuming that Mr Cohen drafted Schedule C to the Satellite Assignment, it would have been reasonable for him to include Alright.56.On 13 February 2008 Mr Dorset gave Gerard Helders written power of attorney to sign proposed settlement agreements with Mr Cohen and his wife. Mr Dorset did not attend the signing of the Satellite Assignment on 14 February 2008 but it was not in dispute that Mr Helders signed on his behalf and was entitled to do so. Mr Cohen said that on the day the Satellite Assignment was signed, several times prior to signing Mr Helders phoned Mr Dorset to approve the terms of the agreements signed and the list of compositions. Mr Dorset did not ask for any changes to the list. Mr Dorset agreed in cross-examination that he had not asked for Alright to be removed from Schedule C.57.Mr Cohen said that he relied on Mr Dorset’s representation, implied by Mr Dorset’s approval of the inclusion of Alright in Schedule C, that Mr Dorset had written Alright and also on Mr Dorset’s representation that the copyright in the song was owned by Satellite. He added that if Mr Dorset had asked for Alright to be removed from Schedule C, that would have been done. In that case, Mr Cohen said, the Satellite Assignment would never have purported to assign 25% of the copyright in Alright to AMI and AMI would never have been a defendant in EMA’s claim. Mr Cohen was not challenged on this and I accept his evidence.58.As I have said, Mr Dorset knew that he had not written Alright alone and, more importantly, he knew that Satellite did not own the copyright in either the music or lyrics of Alright.59.Mr Dorset was given ample opportunity to check Schedule C and by indicating that Alright belonged in that schedule during the checking process, either expressly or by failing to state that it should be removed, he represented, immediately prior to the Satellite Assignment being signed, that Satellite owned the copyright in in Alright.