Martin & Anor v Kogan [2021] EWHC 1242 (IPEC) (19 May 2021)

Martin & Anor v Kogan [2021] EWHC 1242 (IPEC) (19 May 2021)

The current IMDb credit, listing Nicholas Martin as 'written by' and Julia Kogan as 'written by (originally uncredited)', best reflects the court's findings of joint authorship, the relative contributions of the parties, and is consistent with industry guidelines and IMDb's practices. No change to the credit is required.

Citation
[2021] EWHC 1242 (IPEC)
Parties
Claimant: Nicholas Martin; 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
19 May 2021
Procedural Posture
Intellectual Property / Consequentials Hearing Following Main Judgment
Outcome
Application for change to IMDb credit refused; current credit stands.
Legal Topics
Copyright Authorship, Screenplay Credits, Film Credits, Imdb Listing, Writers Guild Guidelines
Intellectual Property Copyright Authorship Screenplay Credits Film Credits Imdb Listing Writers Guild Guidelines

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Parties

Nicholas Martin

Claimant

Big Hat Stories Limited

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

Intellectual Property / Consequentials Hearing Following Main Judgment

Legal Issues

  1. 1 What is the appropriate IMDb writing credit for Julia Kogan following the finding of joint authorship under the CDPA 1988?
  2. 2 Should the existing IMDb credit be changed to reflect the court's judgment?

Ratio Decidendi

The current IMDb credit, listing Nicholas Martin as 'written by' and Julia Kogan as 'written by (originally uncredited)', best reflects the court's findings of joint authorship, the relative contributions of the parties, and is consistent with industry guidelines and IMDb's practices. No change to the credit is required.

Court Disposition

Application for change to IMDb credit refused; current credit stands.

Orders

  • The current IMDb credit for the film Florence Foster Jenkins, listing Nicholas Martin as 'written by' and Julia Kogan as 'written by (originally uncredited)', complies with the court's judgment and is not to be changed.