Obisanya v Ellis & Anor [2008] EWHC 1884 (Ch) (09 June 2008)

Obisanya v Ellis & Anor [2008] EWHC 1884 (Ch) (09 June 2008)

There is no evidence the Defendants had access to the Claimant's screenplay before completing their own work; the similarities are generic and do not amount to copying; the claim has no reasonable prospect of success.

Citation
[2008] EWHC 1884 (Ch)
Parties
Claimant: Elizabeth Obisanya; First Defendant: Sean Ellis; Second Defendant: Cashback Films Ltd
Jurisdiction
England and Wales
Judgment Date
09 June 2008
Procedural Posture
Copyright Infringement / Summary Judgment Application
Outcome
Claim dismissed; summary judgment granted for Defendants; counterclaim allowed.
Legal Topics
Copyright Infringement, Summary Judgment, Declaratory Relief, Injunction
Intellectual Property Copyright Copyright Infringement Summary Judgment Declaratory Relief Injunction

Case Brief

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Parties

Elizabeth Obisanya

Claimant

Sean Ellis

First Defendant

Cashback Films Ltd

Second Defendant

Procedural Posture

Copyright Infringement / Summary Judgment Application

Legal Issues

  1. 1 Whether the Defendants infringed the Claimant's copyright in her screenplay
  2. 2 Whether the Defendants had access to the Claimant's work
  3. 3 Whether similarities between the works amount to copyright infringement

Ratio Decidendi

There is no evidence the Defendants had access to the Claimant's screenplay before completing their own work; the similarities are generic and do not amount to copying; the claim has no reasonable prospect of success.

Court Disposition

Claim dismissed; summary judgment granted for Defendants; counterclaim allowed.

Orders

  • Summary judgment for Defendants
  • Declaration of non-infringement