JHP Ltd v BBC Worldwide Ltd & Anor

JHP Limited is not the owner of copyright but the exclusive licensee to publish the Books in book form. BBC Worldwide had consent from the Terry Nation estate to use the material, creating a licence by estoppel and a complete defence under s.101(3) CDPA 1988. Even if copying occurred, it was not of a substantial part of any Book.

Parties: Claimant: JHP Limited; First Defendant: BBC Worldwide Limited; Second Defendant: Trustees of the Estate of Terry Nation
Jurisdiction: England and Wales
Judgment Date: 16 April 2008
Procedural Posture: Intellectual Property/copyright Infringement / Final Judgment
Outcome: Claim dismissed
Legal Topics: Copyright, Exclusive Licence, Assignment, Estoppel, Infringement, Substantial Copying

Intellectual Property Contract Copyright Exclusive Licence Assignment Estoppel Infringement Substantial Copying

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Parties

JHP Limited

Claimant

BBC Worldwide Limited

First Defendant

Trustees of the Estate of Terry Nation

Second Defendant

Procedural Posture

Intellectual Property/copyright Infringement / Final Judgment

Legal Issues

1 Whether JHP Limited is the owner or exclusive licensee of copyright in the Books
2 Whether BBC Worldwide infringed copyright by publishing 'The Dalek Survival Guide'
3 Whether BBC Worldwide had a defence based on licence by estoppel

Ratio Decidendi

Court Disposition

Claim dismissed