Lucasfilm Ltd & Ors v Ainsworth & Anor [2009] EWCA Civ 1328 (16 December 2009)

Lucasfilm Ltd & Ors v Ainsworth & Anor [2009] EWCA Civ 1328 (16 December 2009)

The stormtrooper helmet and armour are not 'sculptures' within the meaning of UK copyright law because their primary purpose is utilitarian as film props, not to be enjoyed for their visual appeal as works of art. Therefore, they do not attract full copyright protection as artistic works under s.4 of the Copyright, Designs and Patents Act 1988. Consequently, Mr Ainsworth did not infringe UK copyright by making and selling replicas. The English court will not enforce the US copyright judgment, as the underlying right is not recognised under English law. Lucasfilm is entitled to equitable ownership of any copyright Mr Ainsworth may have acquired in the course of his work for Lucasfilm.

Citation
[2009] EWCA Civ 1328
Parties
Appellant/claimant: Lucasfilm Limited; Appellant/claimant: Star Wars Productions Limited; Appellant/claimant: Lucasfilm Entertainment Company Limited; Respondent/defendant: Andrew Ainsworth; Respondent/defendant: Shepperton Design Studios Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2009
Procedural Posture
Appeal and Cross Appeal From the Chancery Division / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed; cross-appeal dismissed in part; some orders upheld.
Legal Topics
Copyright Subsistence in Sculptures, Enforcement of Foreign Copyright Judgments, Registered Designs Vs Copyright, Artistic Works Definition, Jurisdiction Over Foreign Copyright Infringement
Intellectual Property Copyright Law Private International Law Copyright Subsistence in Sculptures Enforcement of Foreign Copyright Judgments Registered Designs Vs Copyright Artistic Works Definition Jurisdiction Over Foreign Copyright Infringement

Case Brief

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Parties

Lucasfilm Limited

Appellant/claimant

Star Wars Productions Limited

Appellant/claimant

Lucasfilm Entertainment Company Limited

Appellant/claimant

Andrew Ainsworth

Respondent/defendant

Shepperton Design Studios Limited

Respondent/defendant

Procedural Posture

Appeal and Cross Appeal From the Chancery Division / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the stormtrooper helmet and armour are 'sculptures' under UK copyright law
  2. 2 Whether Mr Ainsworth infringed UK or US copyrights
  3. 3 Whether the English court should enforce a US copyright judgment

Ratio Decidendi

The stormtrooper helmet and armour are not 'sculptures' within the meaning of UK copyright law because their primary purpose is utilitarian as film props, not to be enjoyed for their visual appeal as works of art. Therefore, they do not attract full copyright protection as artistic works under s.4 of the Copyright, Designs and Patents Act 1988. Consequently, Mr Ainsworth did not infringe UK copyright by making and selling replicas. The English court will not enforce the US copyright judgment, as the underlying right is not recognised under English law. Lucasfilm is entitled to equitable ownership of any copyright Mr Ainsworth may have acquired in the course of his work for Lucasfilm.

Court Disposition

Appeal dismissed; cross-appeal dismissed in part; some orders upheld.

Orders

  • Lucasfilm's appeal on the 'sculpture' issue dismissed.
  • Lucasfilm's appeal to enforce the US judgment dismissed.