Martin & Anor v Kogan

Martin & Anor v Kogan

Julia Kogan was a joint author of the screenplay, contributing 20% through characterisation, musicality, plot, and dialogue; her contributions were authorial and not distinct; Martin and Kogan collaborated, but Martin did all actual writing and had final say; estoppel bars relief against the Film Companies except for future payments and IMDb credit; consent bars relief against Martin until 16 March 2015.

Parties
Claimant: Nicholas Martin; Claimant: Big Hat Stories Limited; Defendant/part 20 Claimant: Julia Kogan; Part 20 Defendant: Florence Film Limited; Part 20 Defendant: Pathé Productions Limited; Part 20 Defendant: Qwerty Films Limited
Jurisdiction
England and Wales
Judgment Date
11 January 2021
Procedural Posture
Copyright/intellectual Property / Retrial (liability Only)
Outcome
Kogan declared joint author with 20% share; estoppel bars relief against Film Companies except for future payments and IMDb credit; Martin and Big Hat Stories Limited liable for infringement after 16 March 2015; inquiry as to damages/account of profits against Martin; IMDb credit to be given to Kogan.
Legal Topics
Joint Authorship, Copyright Infringement, Moral Rights, Estoppel, Acquiescence, Screenplay Authorship, Film Production
Copyright Intellectual Property Contract Joint Authorship Copyright Infringement Moral Rights Estoppel Acquiescence +2 more

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Parties

Nicholas Martin

Claimant

Big Hat Stories Limited

Claimant

Julia Kogan

Defendant/part 20 Claimant

Florence Film Limited

Part 20 Defendant

Pathé Productions Limited

Part 20 Defendant

Qwerty Films Limited

Part 20 Defendant

Procedural Posture

Copyright/intellectual Property / Retrial (liability Only)

Legal Issues

  1. 1 Was the screenplay created by a collaboration between Nicholas Martin and Julia Kogan?
  2. 2 What was the nature and extent of Julia Kogan's contribution?
  3. 3 Was Kogan's contribution authorial and an expression of her own intellectual creation?

Ratio Decidendi

Julia Kogan was a joint author of the screenplay, contributing 20% through characterisation, musicality, plot, and dialogue; her contributions were authorial and not distinct; Martin and Kogan collaborated, but Martin did all actual writing and had final say; estoppel bars relief against the Film Companies except for future payments and IMDb credit; consent bars relief against Martin until 16 March 2015.

Court Disposition

Kogan declared joint author with 20% share; estoppel bars relief against Film Companies except for future payments and IMDb credit; Martin and Big Hat Stories Limited liable for infringement after 16 March 2015; inquiry as to damages/account of profits against Martin; IMDb credit to be given to Kogan.

Orders

  • Declaration of joint authorship (Kogan 20%)
  • Inquiry as to damages/account of profits against Martin and Big Hat Stories Limited from 16 March 2015