Chadwick & Ors v Lypiatt Studio Ltd & Anor [2018] EWHC 1986 (Ch) (31 July 2018)

Chadwick & Ors v Lypiatt Studio Ltd & Anor [2018] EWHC 1986 (Ch) (31 July 2018)

The Company acquired title to all tangible property in the Artist's unsold works pre-dating the Trading Date by intention and conduct. The beneficial interest in copyright in those works was also assigned to the Company by agreement and conduct, though legal title remained with the estate due to lack of written assignment. The Artist was an employee of the Company after 1973, so copyright in post-1973 works vested in the Company by operation of law. The Company is entitled to call for assignment of legal title to copyright from the estate.

Citation
[2018] EWHC 1986 (Ch)
Parties
Claimant: Éva Yvonne Chadwick; Claimant: Sarah Russell Marchant; Claimant: Daniel Sebastian Chadwick; Claimant: Timothy James Barter; First Defendant/issue Claimant: Lypiatt Studio Limited; Second Defendant/issue Defendant: Sophie Russell Chadwick
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Chancery Division, Intellectual Property List, CPR Part 8 Claim / Judgment After Trial
Outcome
Judgment for Lypiatt Studio Limited
Legal Topics
Copyright Ownership, Assignment of Copyright, Transfer of Tangible Property, Beneficial Interest, Employment Status of Artist, Probate and Estate Administration
Intellectual Property Trusts and Estates Company Law Copyright Ownership Assignment of Copyright Transfer of Tangible Property Beneficial Interest Employment Status of Artist +1 more

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Parties

Éva Yvonne Chadwick

Claimant

Sarah Russell Marchant

Claimant

Daniel Sebastian Chadwick

Claimant

Timothy James Barter

Claimant

Lypiatt Studio Limited

First Defendant/issue Claimant

Sophie Russell Chadwick

Second Defendant/issue Defendant

Procedural Posture

Chancery Division, Intellectual Property List, CPR Part 8 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Lypiatt Studio Limited owns the legal or equitable title to the physical property and copyright in Lynn Chadwick's works created before and after the company's acquisition in 1973
  2. 2 Whether the Artist's estate or the Company owns the copyright and tangible property in the works
  3. 3 Whether there was an assignment of beneficial interest in copyright to the Company

Ratio Decidendi

The Company acquired title to all tangible property in the Artist's unsold works pre-dating the Trading Date by intention and conduct. The beneficial interest in copyright in those works was also assigned to the Company by agreement and conduct, though legal title remained with the estate due to lack of written assignment. The Artist was an employee of the Company after 1973, so copyright in post-1973 works vested in the Company by operation of law. The Company is entitled to call for assignment of legal title to copyright from the estate.

Court Disposition

Judgment for Lypiatt Studio Limited

Orders

  • Declaration that Lypiatt Studio Limited owns the tangible property in the Artist's works created before and after the Trading Date, except for personal paintings and jewellery excluded by agreement.
  • Declaration that Lypiatt Studio Limited owns the beneficial interest in copyright in the Artist's works created before the Trading Date, with legal title to be assigned by the estate.