''Macaulay v Schroeder Music Publishing Co Ltd''
974
Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
1 WLR 1308 is an
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
decision of the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
relating to
restraint of trade
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord S ...
.
Facts
Macaulay, a novice songwriter aged 21, entered a standard form agreement with Schroeder Music, whereby they would have the exclusive benefit of his compositions. The global copyright was assigned to another party in return for a fixed percentage of any royalties. This was to last five years and could be automatically extended for five years if the royalties went above £5000. Schroeder Music could terminate or assign the contract, but Macaulay could not, and Schroeder was under no obligation to publish or promote anything. Macaulay claimed the agreement was contrary to public policy.
Judgment
The House of Lords held the standard form agreement could not be justified as being purely moulded through negotiation, competition and public opinion. Macaulay had no bargaining power. The defendants purported to be able to arbitrarily decline to exploit the plaintiff's work in which event the plaintiff's remuneration under the agreement would be limited to a £50 advance payable thereunder during the five-year period. The defendants' power to assign precluded the argument that the restrictions would not be enforced oppressively. The defendants had failed to justify restrictions which appeared unnecessary and capable of oppressive enforcement.
Lord Diplock said the following.
974
Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar.
Events
By place
Europe
* Battle of Danevirke: Emperor Otto II defeats the rebel forces of King Harald I, who ha ...
1 WLR 1308, 1316
Lord Reid, Viscount Dilhorne, Lord Kilbrandon and Lord Simon also sat on the case.
See also
*
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
*''
Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd
''Esso Petroleum Co Ltd v Harper's Garage (Stourport) Ltd'' 967UKHL 1is an English contract law case, concerning the restraint of trade through a tying arrangement.
Facts
Harper's Garage agreed to accept all petrol for its two stations from Ess ...
''
968
Year 968 ( CMLXVIII) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* Emperor Nikephoros II receives a Bulgarian embassy led by Prince Boris (th ...
A.C. 269
Notes
{{reflist, 2
English contract case law
House of Lords cases
1974 in British law
1974 in case law