Martin & Anor v Kogan [2021] EWHC 24 (Ch) (11 January 2021)

Martin & Anor v Kogan [2021] EWHC 24 (Ch) (11 January 2021)

Ms Kogan made authorial contributions to the screenplay, including concept origination, characterisation, music selection, and key dialogue, expressing her own intellectual creation. The collaboration between Mr Martin and Ms Kogan resulted in a joint authorship, with Ms Kogan's share assessed at 20%. Her contributions were not distinct from the screenplay as a whole. Estoppel/acquiescence bar injunctive relief against public performance but do not preclude monetary or non-monetary relief, which will be determined at a further trial.

Citation
[2021] EWHC 24 (Ch)
Parties
First Claimant: Nicholas Martin; Second Claimant: Big Hat Stories Limited; Defendant/part 20 Claimant: Julia Kogan; Part 20 Defendants: Film Companies
Jurisdiction
England and Wales
Judgment Date
11 January 2021
Procedural Posture
Copyright/intellectual Property / Liability Retrial Following Court of Appeal Remittal
Outcome
Ms Kogan is a joint author of the screenplay with a 20% share; liability established for copyright infringement and moral rights infringement; entitlement to relief (including monetary and non-monetary) to be determined at a further trial.
Legal Topics
Joint Authorship, Screenplay Authorship, Copyright Infringement, Moral Rights, Estoppel, Acquiescence
Copyright Law Intellectual Property Joint Authorship Screenplay Authorship Copyright Infringement Moral Rights Estoppel Acquiescence

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Parties

Nicholas Martin

First Claimant

Big Hat Stories Limited

Second Claimant

Julia Kogan

Defendant/part 20 Claimant

Film Companies

Part 20 Defendants

Procedural Posture

Copyright/intellectual Property / Liability Retrial Following Court of Appeal Remittal

Legal Issues

  1. 1 Was the screenplay created by a collaboration between Mr Martin and Ms Kogan?
  2. 2 What was the nature of any such collaboration?
  3. 3 What was the nature of Ms Kogan's contribution?

Ratio Decidendi

Ms Kogan made authorial contributions to the screenplay, including concept origination, characterisation, music selection, and key dialogue, expressing her own intellectual creation. The collaboration between Mr Martin and Ms Kogan resulted in a joint authorship, with Ms Kogan's share assessed at 20%. Her contributions were not distinct from the screenplay as a whole. Estoppel/acquiescence bar injunctive relief against public performance but do not preclude monetary or non-monetary relief, which will be determined at a further trial.

Court Disposition

Ms Kogan is a joint author of the screenplay with a 20% share; liability established for copyright infringement and moral rights infringement; entitlement to relief (including monetary and non-monetary) to be determined at a further trial.

Orders

  • Declaration of joint authorship and joint copyright ownership in the screenplay.
  • Assessment of Ms Kogan's share at 20%.