In a 150 page analysis, Mr. Justice Cohen concludes that, for three of the four songs at issue, the plaintiff failed to prove that he contributed any original material to the songs sufficient to meet the legal standard. The Court dismisses the plaintiff's claim for co-ownership of the fourth song, Steaming, because he failed to prove that he and McLachlan shared an intent to co-author the song.
Central to the Court's conclusion is the finding that "it was not until many years after the release of Touch that for the first time the plaintiff claimed to the defendants that he was a co-author of the songs."
Sarah McLachlan: "I feel vindicated and I am very happy. This decision will protect the rights of Songwriters. "
Terry McBride (CEO Nettwerk group): "We always felt that we had been fair and had done the right thing. This decision validates and supports the way that we work with and respect our artists"
Jennifer Conkie: "The case is a landmark ruling on behalf of artists because it protects the integrity of their creative process," said McLachlan's lawyer, Jennifer Conkie. "The judgment establishes a test which requires anyone seeking co-authorship status to prove both that they made a significant original contribution and that the alleged collaborators intended to be joint authors. Thus intention - what the parties intended at the time - is the standard by which collaboration is measured."
The Court said: "This standard accommodates the competing demands advanced by persons claiming ownership in a creative work and pays heed to the important warning ... 'Care must be taken to ensure that true collaborators in the creative process are accorded the prerequisites of co-authorship and to guard against the risk that a sole author is denied exclusive authorship status simply because another person rendered some form of assistance. Copyright law best serves the interests of creativity when it carefully draws the bounds of 'joint authorship' so as to protect the legitimate claims of both sole authors and co-authors.' "
Tainted, the independent film with the character named Adia and the Sarah references, is being released on video on May 11, by Troma Team Video. Look for it or ask for it at your local video store. [Tainted's website]
Lilith Fair is finally heading to Australia, in November, after legal troubles prevented its doing so last year. Sarah's good friend and fellow singer/songwriter Wendy Matthews is helping to put a roster together.
The award show will take place Sunday, November 8th in Vancouver. No word at this time as to whether Sarah will attend, or whether the show will be broadcast.