Breach of Music Licence Agreement
Black Antelope Law was instructed to represent GA, a British Music Producer, through his manager in relation to an injunction action to prevent the unlawful exploitation of an instrumental by a UK rapper whose licence to use and exploit the instrumental had been terminated, but who refused to honour the contract between the parties.
GA's manager had attempted to carry out arms length negotiations with the rapper's representative in order to resolve the matter without litigation, but after the rapper threatened to release his song recording making use of the instrumental, Black Antelope Law was instructed to take urgent action to protect GA's rights.
After reviewing the terms of the licence agreement, Black Antelope Law was able to advise GA that: (i) contrary to the belief of both parties, the personal right to exploit the licence had not been transferred to rapper in the first place, but a linked third party; and (ii) further or alternatively, GA was within his rights to serve a formal notice of termination of the parties licence agreement with immediate effect (having given oral notice previously) and seek an injunction in the event that the rapper did not immediately cease access to any streams and downloads of the song to all relevant distribution channels.
As a result of Black Antelope Law's pre-action letter, the rapper withdrew his threat and the parties entered into roundtable discussions to reach a mutually agreeable settlement.