The defendant in the proceedings, Steven Sharples, was engaged in the production of the album version of the song, having been assigned this task following an oral agreement between himself and a Mr Bernard McMahon.
|Yes, this is indeed a picture of "The Fall"|
|A sensitive touch ...|
The judge took the view that this agreement was void because Mr McMahon was not authorised – either in fact or by conduct – to act as agent for the band collectively or for Mr Smith and Ms Adamson as individuals.
This said, the judge considered Mr Sharples’s contributions to the lyrics and music of Touch Sensitive, respectively. With regard to the former, she dismissed any joint authorship claim. However, the judge found that the defendant’s contribution to the music of the song could entitle him to joint authorship and ownership of 20% of the copyright value of the album version of Touch Sensitive.
|... and a slightly less sensitive one|