Henry Hadaway Organisation Ltd v Pickwick Group Ltd & Ors [2015] EWHC 3407 (IPEC) (25 November 2015)

Henry Hadaway Organisation Ltd v Pickwick Group Ltd & Ors [2015] EWHC 3407 (IPEC) (25 November 2015)

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 acquired exclusive licence and subsequently ownership by assignment from GLPL. Pickwick 2 infringed copyright by issuing the Recordings without right. Section 105 presumptions were rebutted by evidence of GLPL's ownership and subsequent licensing/assignment to HHO.

Citation
[2015] EWHC 3407 (IPEC)
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 / Final Judgment
Outcome
Claim succeeded. HHO established ownership and exclusive licence. Pickwick 2 infringed copyright.
Legal Topics
Ownership of Copyright in Sound Recordings, Exclusive Licensing, Assignment of Copyright, Copyright Infringement, Section 105 Presumptions Under CDPA 1988
Intellectual Property Copyright Ownership of Copyright in Sound Recordings Exclusive Licensing Assignment of Copyright Copyright Infringement Section 105 Presumptions Under CDPA 1988

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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 / Final 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 of Mr Lorenz 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 acquired exclusive licence and subsequently ownership by assignment from GLPL. Pickwick 2 infringed copyright by issuing the Recordings without right. Section 105 presumptions were rebutted by evidence of GLPL's ownership and subsequent licensing/assignment to HHO.

Court Disposition

Claim succeeded. HHO established ownership and exclusive licence. Pickwick 2 infringed copyright.

Orders

  • Declaration that HHO is owner or exclusive licensee of copyright in the Recordings.
  • Injunction restraining Pickwick 2 from further infringement.