Mail-order CD featuring early recordings nixed.
The sale of a mail-order CD featuring early recordings by former members of pop group Busted, one of the U.K.’s most popular boy bands in recent years, was today (June 15) permanently banned by London’s High Court.
Deputy Judge Mark Herbert QC imposed a permanent injunction barring the sale of the CD after objections from former Busted member James Bourne, now of rock band Son of Dork.
Bourne, together with record companies Universal-Island Records and Mercury Records, took legal action over the CD of nine recordings made in a hotel room in 2001 by Bourne, former Busted bandmate Matthew Sergeant (now known professionally as Matt Jay), and two other musicians, Ki Fitzgerald and Owen Doyle. Bourne played guitar on all of the tracks, and sang on most of them.
Today, the judge placed a permanent ban on distributor Brandon Davis, who advertised the CD on a Web site and by printed flyers, and cleared the way for Bourne and his record companies to seek damages for infringement of his recording rights.
Davis had claimed that the four musicians involved in the recording were a legal partnership, and that he had entered into a written agreement with one of them - Doyle – which assigned the recording rights to him.
However, the judge ruled that Bourne had individual rights in the recordings, and the law prohibits any infringement of those rights without his consent, or the consent of music companies he has assigned his rights to.
Busted had a string of hit records before breaking up in January 2005.