Football Association Premier League Ltd. & Ors v Panini UK Ltd.

The inclusion of the club badges and Premier League emblem in Panini's stickers and albums was not incidental but essential to the commercial objective of producing attractive and authentic collectibles. Therefore, section 31(1) of the 1988 Act did not provide a defence to copyright infringement.

Parties: Claimants/respondents: The Football Association Premier League Limited and others; Defendants/appellant: Panini UK Limited
Jurisdiction: England and Wales
Judgment Date: 11 July 2003
Procedural Posture: Civil Appeal / Appeal From Interim Order of High Court (chancery Division) to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Copyright Infringement, Defences to Copyright Infringement, Incidental Inclusion, Artistic Works, Compilations as Literary Works

Intellectual Property Law Copyright Infringement Defences to Copyright Infringement Incidental Inclusion Artistic Works Compilations as Literary Works

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Parties

The Football Association Premier League Limited and others

Claimants/respondents

Panini UK Limited

Defendants/appellant

Procedural Posture

Civil Appeal / Appeal From Interim Order of High Court (chancery Division) to Court of Appeal

Legal Issues

1 Whether the inclusion of club badges and Premier League emblem in Panini's stickers and albums is 'incidental' within the meaning of section 31(1) of the Copyright, Designs and Patents Act 1988
2 Whether section 31(1) provides a defence to copyright infringement for Panini's activities

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
Appellant to pay £30,000 on account of costs within 14 days, remainder subject to detailed assessment