Donna Molavi v Virginia Gilbert & Ors

Donna Molavi v Virginia Gilbert & Ors

The similarities between the claimant's and defendants' works, whether at the level of plot or linguistic detail, were generic, inherent to the genre, or otherwise insufficient to support an arguable inference of copying. Without a pleaded case of access or specific evidence of copying, and given the lack of substantive overlap beyond common tropes, the claim had no real prospect of success. Accordingly, summary judgment was granted for the defendants on both the copyright and breach of confidence claims.

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
Civil (intellectual Property) / Summary Judgment Application
Outcome
Summary judgment 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

Civil (intellectual Property) / Summary Judgment Application

Legal Issues

  1. 1 Whether similarities between claimant's and defendants' works support an arguable inference of copyright infringement by copying
  2. 2 Whether breach of confidence claim can stand independently if copyright claim fails
  3. 3 Whether detailed or linguistic similarities can support an inference of copying

Ratio Decidendi

The similarities between the claimant's and defendants' works, whether at the level of plot or linguistic detail, were generic, inherent to the genre, or otherwise insufficient to support an arguable inference of copying. Without a pleaded case of access or specific evidence of copying, and given the lack of substantive overlap beyond common tropes, the claim had no real prospect of success. Accordingly, summary judgment was granted for the defendants on both the copyright and breach of confidence claims.

Court Disposition

Summary judgment 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.