Costa v DissociaDID Ltd & Anor [2022] EWHC 1934 (IPEC) (22 July 2022)

Costa v DissociaDID Ltd & Anor [2022] EWHC 1934 (IPEC) (22 July 2022)

The Disclaimer was not a work of joint authorship as there was no collaboration; Ms Wilkinson was the sole author. No binding contract was formed on 16 June 2020 due to lack of consideration. The licence granted by Mr Costa to use the Joint Works was a bare licence, revocable on reasonable notice. Notice of termination was given on 23 November 2020, with a reasonable notice period of eight months expiring on 23 July 2021. The defendants infringed Mr Costa's copyright by using the Joint Works after that date.

Citation
[2022] EWHC 1934 (IPEC)
Parties
Claimant: Sergio Mendes Costa; First Defendant: Dissociadid Ltd; Second Defendant: Chloe Wilkinson
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Copyright Infringement Claim / Final Judgment After Trial
Outcome
Claimant succeeds in establishing infringement of copyright in the Joint Works after expiry of the notice period; further inquiry into damages or account of profits to be determined at a later hearing.
Legal Topics
Copyright, Joint Authorship, Licensing, Contract Formation, Implied Terms, Revocation of Licence, Notice Periods
Intellectual Property Law Copyright Joint Authorship Licensing Contract Formation Implied Terms Revocation of Licence Notice Periods

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Parties

Sergio Mendes Costa

Claimant

Dissociadid Ltd

First Defendant

Chloe Wilkinson

Second Defendant

Procedural Posture

Copyright Infringement Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Disclaimer was a work of joint authorship
  2. 2 Whether a binding contract was concluded on 16 June 2020
  3. 3 If there is a contract, whether it contains the implied terms alleged by Ms Wilkinson

Ratio Decidendi

The Disclaimer was not a work of joint authorship as there was no collaboration; Ms Wilkinson was the sole author. No binding contract was formed on 16 June 2020 due to lack of consideration. The licence granted by Mr Costa to use the Joint Works was a bare licence, revocable on reasonable notice. Notice of termination was given on 23 November 2020, with a reasonable notice period of eight months expiring on 23 July 2021. The defendants infringed Mr Costa's copyright by using the Joint Works after that date.

Court Disposition

Claimant succeeds in establishing infringement of copyright in the Joint Works after expiry of the notice period; further inquiry into damages or account of profits to be determined at a later hearing.

Orders

  • Declaration that the defendants infringed Mr Costa's copyright in the Joint Works after 23 July 2021
  • Defendants restrained from further infringement of the Joint Works