THJ Systems Limited & Anor v Daniel Sheridan & Anor

THJ Systems Limited & Anor v Daniel Sheridan & Anor

The risk and price charts generated by the Software are original artistic works within the meaning of the Copyright, Designs and Patents Act 1988, authored by Mr Mitchell and owned by THJ. The Defendants' admission that, if copyright subsisted and Mr Mitchell was the author, infringement was established, was binding and precluded argument on communication to the public in the UK. The judge erred in considering that issue. The two pleaded instances of display constituted infringement.

Parties
Claimant: THJ Systems Limited; Claimant: OptionNet LLP; Defendant: Daniel Sheridan; Defendant: Sheridan Options Mentoring Corporation
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal by Defendants dismissed; cross-appeal by Claimants allowed
Legal Topics
Copyright, Artistic Works, Software Copyright, Infringement, Pleadings, Admissions, Case Management
Intellectual Property Law Civil Procedure Copyright Artistic Works Software Copyright Infringement Pleadings Admissions +1 more

Case Brief

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Parties

THJ Systems Limited

Claimant

OptionNet LLP

Claimant

Daniel Sheridan

Defendant

Sheridan Options Mentoring Corporation

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the risk and price charts generated by the Software are original artistic works in which copyright subsists
  2. 2 Whether Mr Mitchell is the author of the risk and price charts
  3. 3 Whether THJ is the owner of the copyright in the risk and price charts

Ratio Decidendi

The risk and price charts generated by the Software are original artistic works within the meaning of the Copyright, Designs and Patents Act 1988, authored by Mr Mitchell and owned by THJ. The Defendants' admission that, if copyright subsisted and Mr Mitchell was the author, infringement was established, was binding and precluded argument on communication to the public in the UK. The judge erred in considering that issue. The two pleaded instances of display constituted infringement.

Court Disposition

Appeal by Defendants dismissed; cross-appeal by Claimants allowed

Orders

  • Declaration that the risk and price charts are original artistic works authored by Mr Mitchell and owned by THJ
  • Declaration that the two pleaded instances of display constituted infringement of THJ's copyright