Nova Productions Ltd v Mazooma Games Ltd & Ors

Nova Productions Ltd v Mazooma Games Ltd & Ors

The appeal fails because the features allegedly copied by the defendants were general ideas or commonplace elements, not a substantial part of the expression of Nova’s artistic or literary works. Copyright does not protect ideas, even combinations of ideas, but only their specific expression. No frame-for-frame or code copying occurred, and the similarities were too abstract and general to constitute infringement under UK and EU law.

Parties
Claimant/appellant: Nova Productions Limited; Defendants/respondents: Mazooma Games Limited & Others; Defendant/respondent: Bell Fruit Games Limited
Jurisdiction
England and Wales
Judgment Date
14 March 2007
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division, Intellectual Property)
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Computer Programs, Artistic Works, Literary Works, Idea/expression Dichotomy
Intellectual Property Law Copyright Infringement Computer Programs Artistic Works Literary Works Idea/expression Dichotomy

Case Brief

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Parties

Nova Productions Limited

Claimant/appellant

Mazooma Games Limited & Others

Defendants/respondents

Bell Fruit Games Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division, Intellectual Property)

Legal Issues

  1. 1 Whether the defendants infringed copyright in Nova’s computer game 'Pocket Money' by their games 'Jackpot Pool' and 'Trick Shot'
  2. 2 Whether copying of general ideas or features constitutes infringement of artistic or literary copyright in computer programs under UK and EU law

Ratio Decidendi

The appeal fails because the features allegedly copied by the defendants were general ideas or commonplace elements, not a substantial part of the expression of Nova’s artistic or literary works. Copyright does not protect ideas, even combinations of ideas, but only their specific expression. No frame-for-frame or code copying occurred, and the similarities were too abstract and general to constitute infringement under UK and EU law.

Court Disposition

Appeal dismissed

Orders

  • No infringement of copyright found
  • No reference to the European Court of Justice necessary