Obisanya v Ellis & Anor

Obisanya v Ellis & Anor

The Claimant failed to provide any solid evidence that the Defendants had access to her screenplay before completing their own works, and the alleged similarities are commonplaces not amounting to copying of a substantial part. The claim has no reasonable prospect of success and should not proceed to trial.

Parties
Claimant: Elizabeth Obisanya; First Defendant: Sean Ellis; Second Defendant: Cashback Films Ltd
Jurisdiction
England and Wales
Judgment Date
09 June 2008
Procedural Posture
Civil Copyright Infringement / Summary Judgment Application
Outcome
Claim dismissed; summary judgment granted for Defendants; counterclaim for declaration and injunction granted.
Legal Topics
Copyright Infringement, Summary Judgment, Literary Works, Film Rights
Intellectual Property Copyright Infringement Summary Judgment Literary Works Film Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Elizabeth Obisanya

Claimant

Sean Ellis

First Defendant

Cashback Films Ltd

Second Defendant

Procedural Posture

Civil Copyright Infringement / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendants infringed the Claimant's copyright in her screenplay 'Cashback Paper or Plastic'
  2. 2 Whether there is evidence of access and copying by the Defendants
  3. 3 Whether the alleged similarities constitute copying of a substantial part of the Claimant's work

Ratio Decidendi

The Claimant failed to provide any solid evidence that the Defendants had access to her screenplay before completing their own works, and the alleged similarities are commonplaces not amounting to copying of a substantial part. The claim has no reasonable prospect of success and should not proceed to trial.

Court Disposition

Claim dismissed; summary judgment granted for Defendants; counterclaim for declaration and injunction granted.

Orders

  • Summary judgment for Defendants; Claim dismissed.
  • Declaration of non-infringement granted to Defendants.