Martin & Anor v Kogan & Ors

Martin & Anor v Kogan & Ors

Ms Kogan’s contributions, both textual and non-textual, were insufficient to qualify her as joint author of the Screenplay under s.10(1) of the Copyright, Designs and Patents Act 1988. Mr Martin was the sole author, having made all substantive decisions and written the drafts, with Ms Kogan’s input limited to technical jargon and minor suggestions.

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 / Final Judgment
Outcome
Claim for sole authorship granted; 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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

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 / Final Judgment

Legal Issues

  1. 1 Nature and extent of Ms Kogan’s contribution to the Screenplay
  2. 2 Whether Ms Kogan’s contribution qualifies as joint authorship under s.10(1) of the Copyright, Designs and Patents Act 1988
  3. 3 Whether acts or omissions by Ms Kogan provide a defence of acquiescence or estoppel to the Part 20 Defendants

Ratio Decidendi

Ms Kogan’s contributions, both textual and non-textual, were insufficient to qualify her as joint author of the Screenplay under s.10(1) of the Copyright, Designs and Patents Act 1988. Mr Martin was the sole author, having made all substantive decisions and written the drafts, with Ms Kogan’s input limited to technical jargon and minor suggestions.

Court Disposition

Claim for sole authorship granted; counterclaim and Part 20 claim dismissed.

Orders

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