Twentieth Century Fox Film Corp & Ors v Harris & Ors [2013] EWHC 159 (Ch) (05 February 2013)

Twentieth Century Fox Film Corp & Ors v Harris & Ors [2013] EWHC 159 (Ch) (05 February 2013)

A copyright owner does not have a proprietary claim to the proceeds of infringement of copyright. The law does not recognize such proceeds as being held on constructive trust for the copyright owner, and proprietary injunctions are not available in such cases.

Citation
[2013] EWHC 159 (Ch)
Parties
Claimant: Twentieth Century Fox Film Corporation; Claimant: Universal City Studios LLC; Claimant: Warner Bros. Entertainment Inc.; Claimant: Paramount Pictures Corporation; Claimant: Disney Enterprises, Inc.; Claimant: Columbia Pictures Industries, Inc.; Defendant: David Harris; Defendant: Kthxbai Limited; Defendant: The NZB Foundation; Defendant: PayPal (Europe) SARL et CIE SCA; Defendant: Christopher Elsworth; Defendant: Motors for Movies Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2013
Procedural Posture
Intellectual Property Copyright / Interlocutory Application for Proprietary Injunctions
Outcome
Application for proprietary injunctions refused
Legal Topics
Copyright Infringement, Constructive Trust, Proprietary Injunction, Remedies for Infringement
Intellectual Property Law Equity Copyright Infringement Constructive Trust Proprietary Injunction Remedies for Infringement

Case Brief

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Parties

Twentieth Century Fox Film Corporation

Claimant

Universal City Studios LLC

Claimant

Warner Bros. Entertainment Inc.

Claimant

Paramount Pictures Corporation

Claimant

Disney Enterprises, Inc.

Claimant

Columbia Pictures Industries, Inc.

Claimant

David Harris

Defendant

Kthxbai Limited

Defendant

The NZB Foundation

Defendant

PayPal (Europe) SARL et CIE SCA

Defendant

Christopher Elsworth

Defendant

Motors for Movies Limited

Defendant

Procedural Posture

Intellectual Property Copyright / Interlocutory Application for Proprietary Injunctions

Legal Issues

  1. 1 Whether a copyright owner has a proprietary claim to money derived from infringement of copyright
  2. 2 Whether proceeds of copyright infringement are held on constructive trust for the copyright owner

Ratio Decidendi

A copyright owner does not have a proprietary claim to the proceeds of infringement of copyright. The law does not recognize such proceeds as being held on constructive trust for the copyright owner, and proprietary injunctions are not available in such cases.

Court Disposition

Application for proprietary injunctions refused

Orders

  • No proprietary injunctions granted against the defendants