JHP Ltd v BBC Worldwide Ltd & Anor [2008] EWHC 757 (Ch) (16 April 2008)

JHP Ltd v BBC Worldwide Ltd & Anor [2008] EWHC 757 (Ch) (16 April 2008)

JHP Limited is not the owner of the copyright in the Dalek books but is the exclusive licensee of the right to publish them in book form. BBC Worldwide, in publishing 'The Dalek Survival Guide', acted with the knowledge and approval of the Terry Nation estate, which led BBC Worldwide to believe it had permission to use the material, creating a licence by estoppel. Even if copying occurred, it did not amount to a substantial part of any of the books. Therefore, BBC Worldwide has a complete defence to the claim and there is no infringement.

Citation
[2008] EWHC 757 (Ch)
Parties
Claimant: JHP Limited; First Defendant: BBC Worldwide Limited; Second Defendant: Trustees of the Estate of Terry Nation
Jurisdiction
England and Wales
Judgment Date
16 April 2008
Procedural Posture
Copyright Infringement Claim / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Copyright Ownership, Exclusive Licence, Assignment of Copyright, Copyright Infringement, Defences to Infringement, Licence by Estoppel, Substantial Copying, Originality in Copyright
Intellectual Property Copyright Law Copyright Ownership Exclusive Licence Assignment of Copyright Copyright Infringement Defences to Infringement Licence by Estoppel +2 more

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Parties

JHP Limited

Claimant

BBC Worldwide Limited

First Defendant

Trustees of the Estate of Terry Nation

Second Defendant

Procedural Posture

Copyright Infringement Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether JHP Limited owns the copyright or is an exclusive licensee in the relevant Dalek books
  2. 2 Whether BBC Worldwide infringed copyright by publishing 'The Dalek Survival Guide'
  3. 3 Whether BBC Worldwide had a defence based on licence by estoppel from the Terry Nation estate

Ratio Decidendi

JHP Limited is not the owner of the copyright in the Dalek books but is the exclusive licensee of the right to publish them in book form. BBC Worldwide, in publishing 'The Dalek Survival Guide', acted with the knowledge and approval of the Terry Nation estate, which led BBC Worldwide to believe it had permission to use the material, creating a licence by estoppel. Even if copying occurred, it did not amount to a substantial part of any of the books. Therefore, BBC Worldwide has a complete defence to the claim and there is no infringement.

Court Disposition

Claim dismissed