Opera singer loses battle to be credited as Florence Foster Jenkins co-writer

An opera singer who claimed she co-wrote the screenplay to Florence Foster Jenkins, the Meryl Streep film, has lost her case after her own emails and diary entry identified her former boyfriend as the author.

Julia Kogan said she jointly wrote the script with Nicholas Martin while they were in a relationship. Mr Martin is named as sole author in the film’s credits, but Miss Kogan said she made significant contributions and deserved a share of the income.

She stated in court that she had worked closely with Mr Martin on the first three drafts and was entitled to claim joint authorship.

But a High Court judge, Mr Justice Richard Hacon, pointed to a diary entry she had written after the first draft was completed in 2013, saying: “N[icholas] finishes Flo.”

After the second draft, she emailed Mr Martin to say: “You have done it… you have accomplished the great task of creating something truly important… all the more so because you have written Florence under so much pressure… Making something from nothing but your own talent is a value in itself.” She also urged him to “protect your position as a writer”.

The judge also pointed out that Ms Kogan had made no request for a share of the income until April 2014, when she had moved out of the couple’s flat and they were undergoing therapy in an attempt to salvage their “difficult” relationship. They split six months later.

Mr Justice Hacon said the primary skill required to create a copyright work is “the selection and arrangement of words in the course of setting them down”, while secondary skills include inventing plot and character.

He concluded: “In my judgment the textual and non-textual contributions made by Ms Kogan never rose above the level of providing useful jargon, along with helpful criticism and some minor plot suggestions.

“Taken together they were not sufficient to qualify Ms Kogan as a joint author of the screenplay… Mr Martin was the sole author.”

Reacting to the judgment, Mr Martin said: “This is a very fair ruling and an important one for writers. I have always acknowledged that Julia was a great support when we were together, and contributed helpful input on the world of opera, but she did not write this script with me. I can now put this behind me and get back to work.”

Mr Martin’s lawyer, Dominic Bray of Lee & Thompson, said: “This is an important judgment for the creative sector. The court has given some clear guidance on what you have to show to succeed in a claim for co-authorship… Any other result would have created huge uncertainty for any writer who might discuss their work with their partner or any other collaborator.”