Norowzian v Arks Ltd & Anor (No. 2) [1999] EWCA Civ 3014 (04 November 1999)

Norowzian v Arks Ltd & Anor (No. 2) [1999] EWCA Civ 3014 (04 November 1999)

A film can be a dramatic work under the Copyright, Designs and Patents Act 1988 if it is a work of action capable of being performed before an audience. However, in this case, the defendants did not copy a substantial part of the claimant's film, as similarities in style and technique are not protected by copyright.

Citation
[1999] EWCA Civ 3014
Parties
Claimant: Mehdi Norowzian; First Defendant: Arks Ltd; Second Defendant: Guinness Brewing Worldwide Ltd; Third Defendant: Guinness Plc
Jurisdiction
England and Wales
Judgment Date
04 November 1999
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Copyright in Films, Dramatic Works, Substantial Copying, Originality, Copyright, Designs and Patents Act 1988
Intellectual Property Copyright Law Copyright in Films Dramatic Works Substantial Copying Originality Copyright, Designs and Patents Act 1988

Case Brief

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Parties

Mehdi Norowzian

Claimant

Arks Ltd

First Defendant

Guinness Brewing Worldwide Ltd

Second Defendant

Guinness Plc

Third Defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a film can be a 'dramatic work' under the Copyright, Designs and Patents Act 1988
  2. 2 Whether the defendants' film copied a substantial part of the claimant's film

Ratio Decidendi

A film can be a dramatic work under the Copyright, Designs and Patents Act 1988 if it is a work of action capable of being performed before an audience. However, in this case, the defendants did not copy a substantial part of the claimant's film, as similarities in style and technique are not protected by copyright.

Court Disposition

Appeal dismissed

Orders

  • As between the appellant and the first defendant, appeal dismissed with costs.
  • As between the appellant and the second and third defendants, appeal dismissed with costs up to and including 22nd January 1999; no costs to the second and third defendants being awarded thereafter.