Martin & Anor v Kogan & Ors [2017] EWHC 2927 (IPEC) (22 November 2017)

Martin & Anor v Kogan & Ors [2017] EWHC 2927 (IPEC) (22 November 2017)

Ms Kogan's contributions, both textual and non-textual, did not rise above the level of providing technical jargon, helpful criticism, and minor plot suggestions. There was no collaboration in the creation of the final Screenplay, which was written solely by Mr Martin after the end of their relationship. Even if Ms Kogan's contributions to earlier drafts were considered, they were insufficient to qualify her as a joint author under s.10(1) of the Act. Mr Martin is the sole author of the Screenplay.

Citation
[2017] EWHC 2927 (IPEC)
Parties
First Claimant: Nicholas Martin; Second Claimant: Big Hat Stories Limited; Defendant/part 20 Claimant: Julia Kogan; Part 20 Defendant: Florence Film Limited; Part 20 Defendant: Pathé Productions Limited; Part 20 Defendant: Qwerty Films Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2017
Procedural Posture
Copyright Dispute (joint Authorship) / First Instance Judgment
Outcome
Claim allowed; counterclaim and Part 20 claim dismissed.
Legal Topics
Copyright, Joint Authorship, Screenplay Authorship, Estoppel, Acquiescence
Intellectual Property Copyright Joint Authorship Screenplay Authorship Estoppel Acquiescence

Case Brief

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Parties

Nicholas Martin

First Claimant

Big Hat Stories Limited

Second Claimant

Julia Kogan

Defendant/part 20 Claimant

Florence Film Limited

Part 20 Defendant

Pathé Productions Limited

Part 20 Defendant

Qwerty Films Limited

Part 20 Defendant

Procedural Posture

Copyright Dispute (joint Authorship) / First Instance Judgment

Legal Issues

  1. 1 Whether Ms Kogan is a joint author of the Screenplay under s.10(1) Copyright, Designs and Patents Act 1988
  2. 2 Whether Ms Kogan's contributions were sufficient for joint authorship
  3. 3 Whether the Part 20 Defendants have a defence of acquiescence or estoppel

Ratio Decidendi

Ms Kogan's contributions, both textual and non-textual, did not rise above the level of providing technical jargon, helpful criticism, and minor plot suggestions. There was no collaboration in the creation of the final Screenplay, which was written solely by Mr Martin after the end of their relationship. Even if Ms Kogan's contributions to earlier drafts were considered, they were insufficient to qualify her as a joint author under s.10(1) of the Act. Mr Martin is the sole author of the Screenplay.

Court Disposition

Claim allowed; counterclaim and Part 20 claim dismissed.

Orders

  • Declaration that Mr Martin is the sole author of the Screenplay.
  • Declaration that the Claimants have not infringed the copyright in the Screenplay.