header-logo header-logo

Copyright—Infringement—Film props

04 August 2011
Issue: 7477 / Categories: Case law , Law reports , In Court
printer mail-detail

Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39, [2011] All ER (D) 257 (Jul)

Supreme Court, Lord Phillips, P, Lord Walker, Lady Hale, Lord Mance and Lord Collins, 27 Jul 2011
A judge was entitled to find that a helmet worn by a fictional character in a film was not a “sculpture” for the purposes of copyright protection. Provided there was a basis for in personam jurisdiction over the defendant, an English court may have jurisdiction to try a claim for infringement of foreign copyright.

Jonathan Sumption QC, Michael Bloch QC and Alan Bryson (instructed by Harbottle & Lewis LLP) for the claimants. Alastair Wilson QC and George Hamer (instructed by S C Andrew LLP) for the defendants.

The proceedings concerned intellectual property rights in various artefacts made for the Star Wars franchise, principally the helmet for the stormtrooper characters. The defendant, based in England, had some expertise in vacuum-moulding in plastic, and made prototypes and then 50 helmets for use in the film. The claimants held copyright in the artistic

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll