Sergio Mendes Costa v DissociaDID Ltd & Anor.

Sergio Mendes Costa v DissociaDID Ltd & Anor.

Mr Costa was not a joint author of the Disclaimer. No contract was formed between Mr Costa and Ms Wilkinson on 16 June 2020 as there was no consideration. The bare licence granted by Mr Costa to use the Joint Works and Disclaimer was terminated by notice on 23 November 2020, with a reasonable notice period of eight months ending 23 July 2021. The defendants infringed Mr Costa’s copyright in the Joint Works after this date. Mr Costa’s takedown requests regarding the Disclaimer constituted the tort of causing loss by unlawful means after 13 March 2021, as he knowingly made false representations to YouTube, intending them to act and cause loss to the defendants.

Parties
Claimant: Sergio Mendes Costa; Defendant: Dissociadid Ltd; Defendant: Chloe Wilkinson
Jurisdiction
England and Wales
Judgment Date
22 July 2022
Procedural Posture
Copyright Infringement and Counterclaim / Final Judgment
Outcome
Claim for copyright infringement in Joint Works succeeds; claim regarding Disclaimer fails; counterclaim for breach of contract dismissed; counterclaim for causing loss by unlawful means succeeds; quantum of loss to be assessed.
Legal Topics
Joint Authorship, Copyright Licence, Implied Terms, Unlawful Interference With Business, Deceit, Quantum of Damages
Intellectual Property Contract Law Tort Law Joint Authorship Copyright Licence Implied Terms Unlawful Interference With Business Deceit +1 more

Case Brief

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Parties

Sergio Mendes Costa

Claimant

Dissociadid Ltd

Defendant

Chloe Wilkinson

Defendant

Procedural Posture

Copyright Infringement and Counterclaim / Final Judgment

Legal Issues

  1. 1 Whether the Disclaimer was a work of joint authorship
  2. 2 Whether a binding contract was concluded on 16 June 2020
  3. 3 If there is a contract, whether it contains the implied terms alleged by Ms Wilkinson

Ratio Decidendi

Mr Costa was not a joint author of the Disclaimer. No contract was formed between Mr Costa and Ms Wilkinson on 16 June 2020 as there was no consideration. The bare licence granted by Mr Costa to use the Joint Works and Disclaimer was terminated by notice on 23 November 2020, with a reasonable notice period of eight months ending 23 July 2021. The defendants infringed Mr Costa’s copyright in the Joint Works after this date. Mr Costa’s takedown requests regarding the Disclaimer constituted the tort of causing loss by unlawful means after 13 March 2021, as he knowingly made false representations to YouTube, intending them to act and cause loss to the defendants.

Court Disposition

Claim for copyright infringement in Joint Works succeeds; claim regarding Disclaimer fails; counterclaim for breach of contract dismissed; counterclaim for causing loss by unlawful means succeeds; quantum of loss to be assessed.

Orders

  • Assessment of loss to defendants adjourned to be heard with Mr Costa’s inquiry or account or, if none, to a decision on the papers.
  • Set-off to be applied before payment between parties.