[2025] EWHC 1954 (IPEC)

Between 1979 and 1986, the Claimant (“Mr Lant”) and the Second Defendant (“Mr Bray”) performed together as members of the hard rock band professionally known as ‘Venom’. During that period, Venom performed live and recorded and released music, including albums entitled ‘Welcome to Hell’, ‘Black Metal,’ ‘At War with Satan’ and ‘Possessed.’

Many claims between members of bands relate to the authorship of their songs or rights in the band’s name. Unusually, this claim and counterclaim relate only to the subsistence and ownership of the copyright in certain artworks and photographs associated with Venom. It appears that the dispute arose because Mr Bray licensed the First Defendant to sell merchandise bearing the copyright works, and the Third Party was similarly licensed by Mr Lant, and each of them objects to the other’s licensing activities. This judgment follows the trial of liability only.

Mr Lant claimed that he had been the author of 6 artistic works and that he was and remained the owner of the copyright subsisting in them. The 6 works are shown in Annex A to this judgment. The Defendants’ case was either that Mr Bray was the author of the works, or that the works were too derivative to qualify for copyright protection. They counterclaimed in respect of the works of which Mr Bray claimed authorship and in respect of Mr Lant and the Third Party’s use of two additional works, photographs used on album covers, which he said were also his copyright works. Those are shown in Annex B.

Neither side in this dispute pleaded that the band members’ relationship amounted to a partnership at will or suggested that any copyright in issue before me would have been an asset of any such partnership. In closing arguments, Mr Colbey suggested that some of the works might have been works of joint authorship, jointly owned. That was unpleaded and was not put to the Claimant. I do not consider it open to me to make any finding as to joint authorship or ownership of any of the works in issue.