Ogunkoya v Harding

Ogunkoya v Harding

The defendant did not infringe the claimant's copyright because he did not copy a substantial part of her manuscript, and any similarities arose from use of common, publicly available sources or coincidence. No duty of confidence was imposed on the defendant or his mother, and even if there was, there was no breach as the information was not used in a manner contrary to any such obligation.

Parties
Claimant: Adenike Ogunkoya; Defendant: Charles Harding
Jurisdiction
England and Wales
Judgment Date
10 March 2017
Procedural Posture
Civil Intellectual Property / Judgment After Expedited Trial
Outcome
Claim dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Plagiarism, Literary Works
Intellectual Property Equity Copyright Infringement Breach of Confidence Plagiarism Literary Works

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Parties

Adenike Ogunkoya

Claimant

Charles Harding

Defendant

Procedural Posture

Civil Intellectual Property / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether the defendant infringed copyright in the claimant's manuscript by copying substantial parts into his own book
  2. 2 Whether the defendant breached any duty of confidence owed to the claimant regarding her manuscript

Ratio Decidendi

The defendant did not infringe the claimant's copyright because he did not copy a substantial part of her manuscript, and any similarities arose from use of common, publicly available sources or coincidence. No duty of confidence was imposed on the defendant or his mother, and even if there was, there was no breach as the information was not used in a manner contrary to any such obligation.

Court Disposition

Claim dismissed