Chadwick & Ors v Lypiatt Studio Ltd & Anor

Chadwick & Ors v Lypiatt Studio Ltd & Anor

The Company acquired title to all tangible property in the Artist's works created before and after 1973 by express or implied agreement and subsequent conduct. There was an agreement to assign the beneficial interest in copyright in pre-1973 works to the Company, and the Company is entitled to call for assignment of legal title. For works created after 1973, the Artist was an employee of the Company, making the Company the first owner of copyright by operation of law.

Parties
Claimant/executor: Éva Yvonne Chadwick; Claimant/executor: Sarah Russell Marchant; Claimant/executor: Daniel Sebastian Chadwick; Claimant/executor: Timothy James Barter; First Defendant/company: Lypiatt Studio Limited; Second Defendant: Sophie Russell Chadwick
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Civil (intellectual Property/probate) / Judgment After Trial
Outcome
Claim allowed in full for the Company
Legal Topics
Copyright Ownership, Assignment of Copyright, Transfer of Tangible Property, Employment Status, Beneficial Interest, Company Succession, Wills and Estates
Intellectual Property Probate Company Law Copyright Ownership Assignment of Copyright Transfer of Tangible Property Employment Status Beneficial Interest +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Éva Yvonne Chadwick

Claimant/executor

Sarah Russell Marchant

Claimant/executor

Daniel Sebastian Chadwick

Claimant/executor

Timothy James Barter

Claimant/executor

Lypiatt Studio Limited

First Defendant/company

Sophie Russell Chadwick

Second Defendant

Procedural Posture

Civil (intellectual Property/probate) / Judgment After Trial

Legal Issues

  1. 1 Whether Lypiatt Studio Limited owns the tangible property and copyright in Lynn Chadwick's works created before and after 1973
  2. 2 Whether there was an assignment (legal or equitable) of copyright to the Company
  3. 3 Whether the Artist was an employee of the Company post-1973 such that copyright vested in the Company

Ratio Decidendi

The Company acquired title to all tangible property in the Artist's works created before and after 1973 by express or implied agreement and subsequent conduct. There was an agreement to assign the beneficial interest in copyright in pre-1973 works to the Company, and the Company is entitled to call for assignment of legal title. For works created after 1973, the Artist was an employee of the Company, making the Company the first owner of copyright by operation of law.

Court Disposition

Claim allowed in full for the Company

Orders

  • Declaration that Lypiatt Studio Limited owns the tangible property and beneficial interest in copyright in the works in issue
  • Order that the Claimants assign legal title to copyright in the works to Lypiatt Studio Limited