Happy Camper Productions Ltd v British Broadcasting Corporation (BBC)

Happy Camper Productions Ltd v British Broadcasting Corporation (BBC)

The application for an interim injunction is refused because the claimant fails to demonstrate a serious issue to be tried regarding substantial copying of the script, there are significant doubts as to copyright ownership, damages would be an adequate remedy, and the balance of convenience lies overwhelmingly in favour of the defendant. The application was also brought with undue delay and the claimant cannot provide a satisfactory cross-undertaking in damages.

Parties
Claimant: Happy Camper Productions Ltd; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
11 February 2019
Procedural Posture
Intellectual Property Copyright / Interim Injunction Application
Outcome
Application for interim injunction refused
Legal Topics
Copyright Infringement, Interim Injunctions, Original Literary Works, Damages as Remedy
Intellectual Property Copyright Infringement Interim Injunctions Original Literary Works Damages as Remedy

Case Brief

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Parties

Happy Camper Productions Ltd

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Intellectual Property Copyright / Interim Injunction Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the defendant from broadcasting the programme 'Pitching In' on grounds of copyright infringement
  2. 2 Whether there is a serious issue to be tried regarding copyright ownership and alleged copying
  3. 3 Whether damages would be an adequate remedy

Ratio Decidendi

The application for an interim injunction is refused because the claimant fails to demonstrate a serious issue to be tried regarding substantial copying of the script, there are significant doubts as to copyright ownership, damages would be an adequate remedy, and the balance of convenience lies overwhelmingly in favour of the defendant. The application was also brought with undue delay and the claimant cannot provide a satisfactory cross-undertaking in damages.

Court Disposition

Application for interim injunction refused

Orders

  • Claimant's application for interim injunction is dismissed
  • Claimant to pay defendant's costs assessed at £20,000 within 14 days