[2025] EWHC 1954 (IPEC)

The witnesses could not agree on a number of points relating to the early days of the band, most of which I do not need to resolve. Mr Bray and Mr Dunn (and some other musicians) were members of a band from about March 1978 onwards. Mr Lant joined the band as rhythm guitarist in October or November 1979 although he later played bass guitar and became the band’s vocalist. There was a dispute as to what that band was called prior to autumn 1979. Mr Bray and Mr Dunn said the name became Venom in mid-late 1978, whilst Mr Lant said that the band was first called Guillotine, and its name was not changed to Venom until after he joined. The membership of the band varied over the years, for example, the original vocalist, Mr Archer, left quite soon after November 1979 and (on his account) Mr Lant then not only became their vocalist but took on a greater role in the band. He said that he was heavily involved in the artwork used for record sleeves, onstage décor, etc. On the other hand, Mr Bray also claimed to have designed much of the artwork used by the band and on its recordings. From about 1980, the three members of the band used stage names: Mr Lant was Cronos, Mr Dunn was Mantas and Mr Bray was Abaddon. Their recordings were released by Neat Records.

By the mid-1980s tensions were growing between the band members, and in particular, it seems, between Mr Lant and Mr Dunn. Mr Dunn left in 1986, and Mr Lant said that he left the band in 1988 with two of the guitarists and began to perform under the name "Cronos." He, Mr Bray and Mr Dunn reformed as Venom in the mid-1990s and undertook at least one tour in 1997. A company called Batplus produced merchandise for that tour. Some of this seems to have borne a Venom copyright notice. Mr Bray said that at around that time Mr Lant suggested setting up a company “CMA Inc” to hold their rights. In one letter in evidence, Mr Lant used the CMA name when corresponding with Batplus, but as I understand it no company was incorporated because no agreement was reached with Mr Bray and Mr Dunn. The reformed band did not last long and fell apart acrimoniously in about 1997 or 1998.

Mr Lant started to record and tour as Venom. Neat Records’ interests in Venom’s masters were acquired by Sanctuary Records in the early 2000s. Mr Lant, Mr Bray and Mr Dunn entered into an agreement with Sanctuary in about 2004 as to its release of Venom’s recordings. This agreement offers no guidance as to the ownership of any existing artwork. Mr Lant entered into a separate agreement with Sanctuary dated March 2005 but effective from 1 March 2002, by which at clause 14 Mr Lant granted Sanctuary a non-exclusive licence to use “all artwork owned and/or controlled by [Mr Lant] and (i) featured in the Venom Albums and (ii) featured in any Venom singles … and/or (iii) any Venom artwork delivered by [Mr Lant] to Neat Records …” The licence explicitly excluded any grant of merchandising rights to Sanctuary. Mr Bray or Mr Dunn say that they did not know about that agreement. Neither of them suggested that they had entered into an equivalent individual agreement.

One of the Claimant’s witnesses, Mr Leonard, began selling Venom merchandise in around 1996, through Batplus and then through the Third Party, Razmataz. Mr Lant said that his informal merchandising agreement with Razmataz was formalised in 2013. This included exploiting the disputed designs, and he and Mr Leonard said that Mr Bray and Mr Dunn raised no objections in 1997 or subsequently. Mr Bray and Mr Dunn said that they expected to receive income from the merchandise, but never did, and there is no evidence that they complained about that. Mr Lant said that in 2005 he had complained to Bravado International about unlicensed Venom merchandise. A deal was reached, possibly with the aid of a letter purporting to be from Mr Bray (a draft of which was in evidence although Mr Bray denied having written it) which confirmed that all rights in Venom artwork were held by himself or Mr Lant.

In around 2015, Mr Bray and Mr Dunn began to record and perform as ‘Venom Inc.’ Mr Lant’s solicitor wrote to them to complain about their use of his artwork. Mr Lant said he was assuaged by Mr Bray’s assurance that he had redesigned the Venom Logo and took no further action about it then.