Football Association Premier League Ltd. & Ors v Panini UK Ltd. [2003] EWCA Civ 995 (11 July 2003)

Football Association Premier League Ltd. & Ors v Panini UK Ltd. [2003] EWCA Civ 995 (11 July 2003)

The inclusion of the club badges and Premier League emblem in Panini's stickers and albums was not 'incidental' within the meaning of section 31(1) of the Copyright, Designs and Patents Act 1988, as their presence was essential to the commercial purpose and authenticity of the product, and thus constituted copyright infringement.

Citation
[2003] EWCA Civ 995
Parties
Claimants/respondents: The Football Association Premier League Limited and others; Defendants/appellant: Panini UK Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2003
Procedural Posture
Copyright Infringement (civil Appeal) / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Incidental Inclusion Defence, Artistic Works, Copyright Infringement, Section 31 Copyright, Designs and Patents Act 1988, Compilations as Literary Works
Intellectual Property Copyright Law Incidental Inclusion Defence Artistic Works Copyright Infringement Section 31 Copyright, Designs and Patents Act 1988 Compilations as Literary Works

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Parties

The Football Association Premier League Limited and others

Claimants/respondents

Panini UK Limited

Defendants/appellant

Procedural Posture

Copyright Infringement (civil Appeal) / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the inclusion of club badges and Premier League emblem in Panini's football stickers and albums is 'incidental' within the meaning of section 31(1) of the Copyright, Designs and Patents Act 1988 and thus not an infringement of copyright.

Ratio Decidendi

The inclusion of the club badges and Premier League emblem in Panini's stickers and albums was not 'incidental' within the meaning of section 31(1) of the Copyright, Designs and Patents Act 1988, as their presence was essential to the commercial purpose and authenticity of the product, and thus constituted copyright infringement.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay £30,000 on account of costs within 14 days, remainder subject to detailed assessment
  • Permission to appeal refused