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 works
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