Bristol Groundschool Ltd v Intelligent Data Capture Ltd & Ors

Bristol Groundschool Ltd v Intelligent Data Capture Ltd & Ors

Clause 7.1 of the 2001 Agreement vests copyright in static artworks produced by IDC for inclusion in syllabus documents in BGS, regardless of whether the artwork was created specifically for BGS or made available for inclusion, except where IDC lacked title to assign. Implied terms required IDC to incorporate material reasonably required by BGS and not obstruct BGS's business. Directors who masterminded and directed infringing acts are jointly liable as tortfeasors. BGS's downloading of materials and issuing patches constituted breaches of good faith and copyright, but were not repudiatory and did not bar BGS's contractual claims. IDC breached contract by refusing technical support and...

Parties
Claimant: Bristol Groundschool Limited; First Defendant: Intelligent Data Capture Limited; Second Defendant: Allan Graham Hugh Cownie; Third Defendant: Propilot Limited; Fourth Defendant: Slate-Ed Limited; Fifth Defendant: Jill Valerie Cownie; Defendant to Part 20 Claim: Alexander John Whittingham
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Intellectual Property / Judgment After Trial of Substantive Issues
Outcome
Judgment for Bristol Groundschool Limited on principal issues; IDC found in breach of contract; BGS's breaches not repudiatory; directors found jointly liable for copyright infringement.
Legal Topics
Copyright Ownership, Contract Interpretation, Joint Tortfeasorship, Implied Terms, Breach of Contract, Repudiation, Breach of Confidence, Circumvention of Copy Protection
Intellectual Property Contract Tort Copyright Ownership Contract Interpretation Joint Tortfeasorship Implied Terms Breach of Contract +3 more

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Parties

Bristol Groundschool Limited

Claimant

Intelligent Data Capture Limited

First Defendant

Allan Graham Hugh Cownie

Second Defendant

Propilot Limited

Third Defendant

Slate-Ed Limited

Fourth Defendant

Jill Valerie Cownie

Fifth Defendant

Alexander John Whittingham

Defendant to Part 20 Claim

Procedural Posture

Intellectual Property / Judgment After Trial of Substantive Issues

Legal Issues

  1. 1 Interpretation of copyright ownership clauses in agreements
  2. 2 Scope of implied terms in contract
  3. 3 Joint tortfeasorship liability of directors

Ratio Decidendi

Clause 7.1 of the 2001 Agreement vests copyright in static artworks produced by IDC for inclusion in syllabus documents in BGS, regardless of whether the artwork was created specifically for BGS or made available for inclusion, except where IDC lacked title to assign. Implied terms required IDC to incorporate material reasonably required by BGS and not obstruct BGS's business. Directors who masterminded and directed infringing acts are jointly liable as tortfeasors. BGS's downloading of materials and issuing patches constituted breaches of good faith and copyright, but were not repudiatory and did not bar BGS's contractual claims. IDC breached contract by refusing technical support and...

Court Disposition

Judgment for Bristol Groundschool Limited on principal issues; IDC found in breach of contract; BGS's breaches not repudiatory; directors found jointly liable for copyright infringement.

Orders

  • Counsel to agree form of order reflecting rulings.
  • Inquiry as to damages or account of profits for copyright infringement and breach of contract.