Henry Hadaway Organisation Ltd v Pickwick Group Ltd & Ors

Henry Hadaway Organisation Ltd v Pickwick Group Ltd & Ors

GLPL, through Mr Lorenz, made the arrangements necessary for the making of the Recordings and was the author and first owner of copyright. The 1992 Agreement did not assign copyright to Pickwick 1/Carlton but granted an exclusive licence. HHO rebutted section 105 presumptions and proved assignment or exclusive licence from GLPL. Pickwick 2 knew it had no rights and infringed copyright. No defence of consent was established.

Parties
Claimant: Henry Hadaway Organisation Limited; First Defendant: Pickwick Group Limited; Second Defendant: Gordon Lorenz Productions Limited; Third Defendant: The Estate of Mr Gordon Lorenz
Jurisdiction
England and Wales
Judgment Date
25 November 2015
Procedural Posture
Copyright Infringement / Judgment
Outcome
Claim succeeds. Judgment for HHO.
Legal Topics
Copyright Ownership, Sound Recordings, Exclusive Licence, Assignment of Copyright, Copyright Infringement, Section 105 CDPA 1988 Presumptions
Intellectual Property Copyright Ownership Sound Recordings Exclusive Licence Assignment of Copyright Copyright Infringement Section 105 CDPA 1988 Presumptions

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Parties

Henry Hadaway Organisation Limited

Claimant

Pickwick Group Limited

First Defendant

Gordon Lorenz Productions Limited

Second Defendant

The Estate of Mr Gordon Lorenz

Third Defendant

Procedural Posture

Copyright Infringement / Judgment

Legal Issues

  1. 1 Is HHO the owner or exclusive licensee of copyright in the Recordings?
  2. 2 Did Pickwick 2 know or have reason to believe the copies they were making were infringing?
  3. 3 Does the Buyout Agreement or any collaboration by GLPL afford Pickwick 2 a defence of consent to infringing acts?

Ratio Decidendi

GLPL, through Mr Lorenz, made the arrangements necessary for the making of the Recordings and was the author and first owner of copyright. The 1992 Agreement did not assign copyright to Pickwick 1/Carlton but granted an exclusive licence. HHO rebutted section 105 presumptions and proved assignment or exclusive licence from GLPL. Pickwick 2 knew it had no rights and infringed copyright. No defence of consent was established.

Court Disposition

Claim succeeds. Judgment for HHO.

Orders

  • Declaration that HHO is exclusive licensee of GLPL in Recordings marked with an asterisk in Annex 1.
  • Declaration that HHO is owner of copyright in remainder of Recordings listed in Annex 1.