Scholar is victor over Hyperion

In a case sending tremors through the classical recording industry, Hyperion Records has lost a defense of a copyright case brought against it by Lionel Sawkins, a scholar who sued the relatively small British label for breach of musical copyright after the company released a CD of 300-year-old music Sawkins had edited.

Sawkins claimed that his work on four editions of pieces used by Hyperion for its 2002 album “Music for the Sun King” entitled him to author’s royalties. Hyperion contended that the works by French Baroque composer Michel-Richard de Lalande were out of copyright and paid Sawkins only a “hire fee” for the recording.

A London court last year ruled in favor of Sawkins, and this week the Court of Appeal agreed, dismissing Hyperion’s appeal.

“I hope that this further judgment will now mean that editors of early music will be properly rewarded for their efforts,” Sawkins said in a statement.

The financial award is yet to be determined, but it could rise to as much as $1.9 million, according to Hyperion.

“This leaves Hyperion in a very precarious position,” the company said in an announcement. Hyperion “will be reducing dramatically its commitment to many new recordings over the next year or two to concentration on fund-raising activities to help with the legal costs.”