Judge throws out dancer’s ‘fanciful and entirely hopeless’ claim that he wrote the words and melody for the theme to Cats in High Court copyright fight with Andrew Lloyd Webber

• Philip Christian, 68, claimed ‘Memory’ based on his experience arriving in UK
• He alleged a dancer overheard the song and recited it to Lord Lloyd Webber 

A judge has thrown out a dancer’s ‘fanciful and entirely hopeless’ claim that he wrote the theme to Lord Andrew Lloyd Webber’s musical Cats.

Former dancer Philip Christian, 68, claimed he penned the words and melody which eventually became ‘Memory’, the main theme from the hit 1981 show, in the 1970s.

He alleged a recording of his song was overheard by a member of one of Lord Lloyd Webber’s other productions, who recited it to him in the run-up to the production of the musical.

Mr Christian sued Lord Lloyd Webber and lyricist Sir Trevor Nunn for breach of copyright during a hearing at the High Court in London last week and demanded future royalty payments.

But judge Master James Brightwell threw out the ‘fanciful and entirely hopeless’ claim and said Mr Christian had failed to produce a copy of the song which he said he had written and was then used for Cats.

Former dancer Philip Christian, 68, claimed he penned the words and melody which eventually became ‘Memory’ – the main theme of the musical Cats 

Mr Christian sued Lord Andrew Lloyd Webber (pictured at Hampton Court Palace last month) and lyricist Sir Trevor Nunn for breach of copyright during a hearing at the High Court in London

‘I find it inherently incredible that a dancer could, in the context of the entrance hall to a dance studio, have remembered word for word both the lyrics of the song and the melody and been able to communicate them at a later point to Andrew Lloyd Webber,’ he said.

‘It seems the allegations made are entirely fanciful and entirely hopeless and this claim cannot be allowed to continue any longer.’  

‘Memory’ is the theme song from Lord Lloyd Webber’s Cats, which debuted in 1981 and has since played around the world, as well as being made into a 2019 movie starring James Cordon.

Rights to the song were registered to Lord Lloyd Webber and to Sir Trevor, who shares the copyright in the words with the family of poet TS Eliot, whose work ‘Rhapsody on a Windy Night’ was the inspiration.

Mr Christian told the court his own song was inspired by his experiences arriving in the UK from the Dominican Republic as an 11-year-old in the 1960s.

He said he was training in performing arts when a recording was made of his song and then heard in 1980 by one of Lord Lloyd Webber’s dancers at the famous Pineapple Dance Studios, in Covent Garden.

Singing his song in court for the judge, he claimed that it must have been ‘memorised and then recited’ in front of Lord Lloyd Webber, who went on to use it for his musical.

Representing himself, Mr Christian told the judge: ‘I have always had that tune in my head… Every time I hear it on the radio, I get angrier.’

Cats, which debuted in 1981, has since played around the world, as well as being made into a 2019 movie starring James Cordon

Lord Lloyd Webber and Sir Trevor’s barrister Stephanie Wickenden argued that Mr Christian’s copyright claim was hopeless and should be struck out.

His suggestion that the song had been memorised and recited for Lord Lloyd Webber was meritless, while much of the lyric was actually based on a 1917 poem by TS Eliot, she argued.

‘Having heard a song once in a dance studio waiting room and then recited it is not a plausible allegation,’ she told the court.

She said the song had been written and released more than 40 years ago and received ‘very early fame’.

‘If there were any merit to the claim, it would’ve been brought 40 years ago,’ she said.

Urging the judge to end the claim immediately, she added: ‘This is a case wholly suitable to grasp in the nettle without prolonging the matter and incurring further costs.’

The judge granted summary judgment against Mr Christian. 

MailOnline has contacted representatives for Lord Lloyd Webber for comment. 

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