Case No. IP-2020-000140

v Sony Music Entertainment (UK) Ltd [1994] EMLR 229, 368 (“Panayiotou”) which he described as perhaps the leading case on recording contracts of the 1990s. In that case, Jonathan Parker J summarised the then current practice in the record industry, noting that it was rare for a record company to accept a positive obligation to exploit after first release.54.55.As to possible implied terms, Mr Richards submitted that the implied term pleaded clearly failed the tests for implying a term, namely that it should be: (i) fair and reasonable; (ii) necessary to make the contract work; and (iii) consistent with the express terms of the contract. He also noted that the tests are to be applied at the time when the contract is concluded so, in this instance, at the date of the 2001 Agreement.56.57.The first was