Taylor v Maguire

Taylor v Maguire

The Claimant’s papercut works are original artistic works protected by copyright. The Defendant had prior access to these works, and the similarities between the Defendant’s works and the Claimant’s works are extensive, detailed, and more likely to result from copying than coincidence. The copying amounts to a...

Source-derived case information.

Parties
Claimant: Suzy Taylor; Defendant: Alison Maguire
Jurisdiction
England and Wales
Judgment Date
03 December 2013
Procedural Posture
Copyright Infringement (artistic Works) / Reserved Judgment After Small Claims Track Trial
Outcome
Judgment for the Claimant. Copyright infringement found in all alleged works.
Legal Topics
Artistic Copyright, Originality, Substantial Part, Infringement, Defences Under CDPA, Remedies
Intellectual Property Copyright Law Artistic Copyright Originality Substantial Part Infringement Defences Under CDPA Remedies

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Parties

Suzy Taylor

Claimant

Alison Maguire

Defendant

Procedural Posture

Copyright Infringement (artistic Works) / Reserved Judgment After Small Claims Track Trial

Legal Issues

  1. 1 Are the Claimant’s Works original artistic works protected by copyright?
  2. 2 Did the Defendant create the alleged infringing works?
  3. 3 Did the Defendant have prior access to the Claimant’s Works?

Ratio Decidendi

The Claimant’s papercut works are original artistic works protected by copyright. The Defendant had prior access to these works, and the similarities between the Defendant’s works and the Claimant’s works are extensive, detailed, and more likely to result from copying than coincidence. The copying amounts to a substantial part of the Claimant’s works. The educational defence under s32(1) CDPA is not made out due to lack of sufficient acknowledgement, improper instructor status, and subsequent public communication. The Defendant’s acts of creation, sale, and publication of the infringing works constitute copyright infringement.

Court Disposition

Judgment for the Claimant. Copyright infringement found in all alleged works.

Orders

  • Injunction restraining further infringement, sale, or publication of infringing works or copies of the Claimant’s works.
  • Order for destruction of all infringing works.