Adivities “Faces trevelled seen eo Ausircia, Europe, Hew Zealand, Rew Guinea . . dravel, reading, ort _ Sarah wins in court decision A Vancouver musician who sued West Vancouver resident Sarah McLachlan and Nettwerk Productions lost the case Dec. 10. Darryl Neudorf, an- ex- drummer with 54-40, claimed he deserved to share Sop with AfcLachlan on four s he claimed to have created with Melachlan on) her debut album) Touch. He also worked on the production of her sec- ond album, Solace. Neudorf was hired by Nettwerk co-founder Mark Jowett to work on the debut album in exchange for airfare from Toronto, acconmmoda- tion and a weekly payment for his services. He began working with McLachlan in a recording, studio in the back of Nettwerk’s offices after arriving in mid-January 1988. Jowett discovered Melachlan in Halifax in 1985 when she opened for his bard Terry McBride, a part- ner with Jowett in Ne Productions, offered McLachlan a five-album record deal almost two years later. Touch was released by Nettwerk in September 1988 in Canada and six months Jater by Arista Records in the U.S. McLachlan was credited with all songs except Steaming and Uphill Battie, which were col- \ahorations = with = Darren Philips. Neudorf was credited on the liner notes with pre-pro- duction coordination and pro- duction assistance. In his statement of claim, Neudorf said he made signifi- cant original contributions to the composition and arrange- ment of four songs on the album. But McLachlan and her lawyers contended Neudorf “already was credited and com- pensated adequately for his efforts and that his work did- not deserve joint ownership. The matter was heard in B.C. Supreme Court — in Vancouver by Judge Bruce Conen over 39 days benveen Nov. 2, 1998 and June 30, 1999, Cohen applied a three pronged test) to eva Neudort’s chims of joint authorship: @ did the plain? contribute significant original ression i] did cach of the plaintitt and MeLachlan intend that their contributions be merged into a unitary whole? If y @ did cach of the plaintiff and an intend the other to int author of the sengs? Cohen said Neudorf proved that he made a conrribution to the verse vocal melody of Steaiing, bur failed to satisfy the test of joint. authorship because he did not prove a mutual intent to co-author this song with McLachlan. “The plaintiff has Biled tw prove that he contributed ong- inal expression to Vax, Sad Clown or Strange World. ly, his claim to co- ow! copyright in the songs snust be dismissed.” However, Cohen ruled Neudorf is entitled to judg- ment against Nettwerk for its failure to pay him the outstand- ing balance for the services he pertormed on Solace. Neudorf claimed Nettwerk did not pay the entire $4,500 bili for his work on the album. In a statement on the Nettwerk Web site, McLachlan said “TI tecl vindicated and f ann very happy: This decision will protect the rights of songwrit- ers.” Neudorf and his lawyer Jonarth:n Simkin have not announced whether they will appeal the decision. — Bob Mackin Sunday, December 19, 1999 — North Shore Newe ~ 11 WE WILL PROTECT YOUR INTERESTS WITH ICBC Ken Baxter Pat Poyner PERSONAL injvRY Poyner Baxter Poyner Free inttlal Consultation Ww www. poynerba ter.cam Your Legal Team” 938-6321 408 - 145 Chadwick Cour, North Vancouver (Lonsdale Quay Placid WE'LL PAY TOP DOLLAR HOW! FOR YOUR QUALITY USED GOODS No costly adverts! Cash immediately! No waiting for the phone to ring! | Wr. BUY HOW! WE'LL PAY CASH FOR: a © Jewellery 2 Colour TV's Be VCR's B © Microwavas ¢ CD Players m ¢ Siereos . ¢ Sporting Goods ry 7° co" BETTER WAY TO SELL” AGREAT < Designer Frames, Sunglasses, and Contact iens fi OOUIX 1348 Marine Drive in West Vancouver 925-1522 in a sport. where split-sscond timing and. technical detail are _ critical, Promaster Navitach is _ Fight on track. Features in clude a 1/108 second split time chron, LET US PICK UP AND DELIVER YOUR LAUNDRY - 985-9503 By Mion, Tues, “hus, Frigam- 90m ° Herth Van Lavedry & Ory Cleaning Service r 7 111 East 12 St. Worth Vancouver Sun 10am'= 7pm _ (i2th & Lonsdaie) 985-9593 .