Nova Productions Ltd v Mazooma Games Ltd & Ors [2007] EWCA Civ 219 (14 March 2007)

Nova Productions Ltd v Mazooma Games Ltd & Ors [2007] EWCA Civ 219 (14 March 2007)

The features allegedly copied by the defendants were general ideas or commonplace elements, not the expression of those ideas. There was no copying of code or substantial part of the artistic or literary works. Copyright does not protect ideas, only their expression, and the similarities found were too abstract and general to constitute infringement. The appeal fails on both artistic and literary copyright grounds.

Citation
[2007] EWCA Civ 219
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) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Computer Programs, Artistic Works, Literary Works, Idea Expression Dichotomy, Software Directive, TRIPS Agreement
Intellectual Property Copyright Law European Union Law Copyright Infringement Computer Programs Artistic Works Literary Works Idea Expression Dichotomy +2 more

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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) to Court of Appeal

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 similarities between the games constitute copying of a substantial part of artistic or literary works
  3. 3 Whether copyright protection extends to ideas or only to their expression, particularly in computer programs

Ratio Decidendi

The features allegedly copied by the defendants were general ideas or commonplace elements, not the expression of those ideas. There was no copying of code or substantial part of the artistic or literary works. Copyright does not protect ideas, only their expression, and the similarities found were too abstract and general to constitute infringement. The appeal fails on both artistic and literary copyright grounds.

Court Disposition

Appeal dismissed

Orders

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