JUDGMENT

VISU SINNADURAI, J

Visu Sinnadurai

This case deals with the legal effect of two recording contracts entered into between the plaintiffs, Polygram, a recording company, and a group of young artistes known as The Search.

This court is also called upon to determine whether the principles applied by the English courts in certain recent cases are equally applicable in Malaysia to the local music industry. I am given to understand that this is the first case of this nature, where the validity of such a recording contract is being considered by a Malaysian court. This decision, I am told, therefore, has some important bearings especially to the recording and performing arts industry in the country.

The validity of similar recording contracts as those entered into between the plaintiffs and the defendants, whereby a young artiste undertakes to record for a particular recording company for a specified duration, and upon terms and conditions imposed by the company, has come under close scrutiny in recent years, especially by the English courts.

In Schroeder Music Publishing Co Ltd v Macaulay [1974] 3 All ER 616; [1974] 1 WLR 1308, the House of Lords upheld the decision of the judge