Molavi v Gilbert & Ors [2023] EWHC 646 (Ch) (23 March 2023)

Molavi v Gilbert & Ors [2023] EWHC 646 (Ch) (23 March 2023)

The similarities between the claimant's and defendants' works were either generic to the genre or too general to support an arguable inference of copying. There was no pleaded or evidential basis for access, and the detailed similarities were linguistic or narrative elements common to the subject matter. Accordingly, there was no real prospect of the claimant succeeding at trial, and summary judgment was appropriate.

Citation
[2023] EWHC 646 (Ch)
Parties
Claimant/respondent: Donna Molavi; Defendant/applicant: Virginia Gilbert; Defendant/applicant: BBC Studios Production Limited; Defendant/applicant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
23 March 2023
Procedural Posture
Copyright and Breach of Confidence Claim (civil) / Summary Judgment Application by Defendants
Outcome
Summary judgment granted for the defendants; claim dismissed.
Legal Topics
Copyright Infringement, Breach of Confidence, Summary Judgment, Inference of Copying, Originality, Access to Works
Intellectual Property Civil Procedure Copyright Infringement Breach of Confidence Summary Judgment Inference of Copying Originality Access to Works

Case Brief

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Parties

Donna Molavi

Claimant/respondent

Virginia Gilbert

Defendant/applicant

BBC Studios Production Limited

Defendant/applicant

British Broadcasting Corporation

Defendant/applicant

Procedural Posture

Copyright and Breach of Confidence Claim (civil) / Summary Judgment Application by Defendants

Legal Issues

  1. 1 Whether the claimant's works were copied by the defendants
  2. 2 Whether similarities between the works give rise to an arguable inference of copying
  3. 3 Whether the claim for breach of confidence can survive if the copyright claim fails

Ratio Decidendi

The similarities between the claimant's and defendants' works were either generic to the genre or too general to support an arguable inference of copying. There was no pleaded or evidential basis for access, and the detailed similarities were linguistic or narrative elements common to the subject matter. Accordingly, there was no real prospect of the claimant succeeding at trial, and summary judgment was appropriate.

Court Disposition

Summary judgment granted for the defendants; claim dismissed.

Orders

  • Summary judgment entered for the BBC on both copyright infringement and breach of confidence claims.
  • Application to amend the Particulars of Claim dismissed.