Bristol Groundschool Ltd v Intelligent Data Capture Ltd & Ors [2014] EWHC 2145 (Ch) (02 July 2014)

Bristol Groundschool Ltd v Intelligent Data Capture Ltd & Ors [2014] EWHC 2145 (Ch) (02 July 2014)

Clause 7.1 of the 2001 Agreement, read with clause 3.1, means that BGS owns the copyright in all static artworks made available by IDC for inclusion in BGS's syllabus documents, regardless of whether the artworks were originally created for BGS or for third parties, except for the explicit Rolls Royce exception. Where IDC did not own the copyright (e.g., works copied from third parties), BGS does not acquire copyright, but IDC is in breach of contract and liable for damages. For 2D views of 3D models supplied by IDC, BGS owns copyright in the view, but not in the underlying 3D model unless necessary to effect the assignment.

Citation
[2014] EWHC 2145 (Ch)
Parties
Claimant: Bristol Groundschool Limited; Defendant/part 20 Claimant: Intelligent Data Capture Limited; Defendant/part 20 Claimant: Allan Graham Hugh Cownie; Defendant/part 20 Claimant: Propilot Limited; Defendant/part 20 Claimant: Slate-Ed Limited; Defendant/part 20 Claimant: Jill Valerie Cownie; Defendant to Part 20 Claim: Alexander John Whittingham
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Intellectual Property (chancery Division) / Trial Judgment on Preliminary and Substantive Issues, With Quantum and Some Issues Reserved for Later Determination
Outcome
Issues 2.1, 2.5, 2.6, 2.7, and 2.8 determined in favour of BGS; IDC liable for breach of contract where it could not assign copyright; quantum and some further issues reserved for later determination.
Legal Topics
Copyright Ownership, Contract Interpretation, Breach of Contract, Assignment of Copyright, Infringement of Copyright
Intellectual Property Contract Copyright Ownership Contract Interpretation Breach of Contract Assignment of Copyright Infringement of Copyright

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Parties

Bristol Groundschool Limited

Claimant

Intelligent Data Capture Limited

Defendant/part 20 Claimant

Allan Graham Hugh Cownie

Defendant/part 20 Claimant

Propilot Limited

Defendant/part 20 Claimant

Slate-Ed Limited

Defendant/part 20 Claimant

Jill Valerie Cownie

Defendant/part 20 Claimant

Alexander John Whittingham

Defendant to Part 20 Claim

Procedural Posture

Intellectual Property (chancery Division) / Trial Judgment on Preliminary and Substantive Issues, With Quantum and Some Issues Reserved for Later Determination

Legal Issues

  1. 1 Interpretation of clause 7.1 of the 2001 Agreement regarding copyright ownership in static artworks
  2. 2 Whether static artworks first produced for third parties but later supplied to BGS are covered by clause 7.1
  3. 3 Whether works copied from third parties and supplied to BGS are covered by clause 7.1

Ratio Decidendi

Clause 7.1 of the 2001 Agreement, read with clause 3.1, means that BGS owns the copyright in all static artworks made available by IDC for inclusion in BGS's syllabus documents, regardless of whether the artworks were originally created for BGS or for third parties, except for the explicit Rolls Royce exception. Where IDC did not own the copyright (e.g., works copied from third parties), BGS does not acquire copyright, but IDC is in breach of contract and liable for damages. For 2D views of 3D models supplied by IDC, BGS owns copyright in the view, but not in the underlying 3D model unless necessary to effect the assignment.

Court Disposition

Issues 2.1, 2.5, 2.6, 2.7, and 2.8 determined in favour of BGS; IDC liable for breach of contract where it could not assign copyright; quantum and some further issues reserved for later determination.

Orders

  • Declaration that BGS owns copyright in static artworks supplied by IDC for inclusion in syllabus documents, except for the Rolls Royce exception and works where IDC did not own copyright.
  • Declaration that BGS owns copyright in 2D views of 3D models supplied by IDC, but not in the underlying 3D models unless necessary to effect the assignment.