Signature Realty Ltd v Fortis Developments Ltd & Anor [2016] EWHC 3583 (Ch) (17 February 2017)

Copyright subsists in the C&W drawings as original artistic works. Defendants infringed copyright by copying and using substantial parts of the drawings for marketing and construction purposes without licence. Damages and additional damages are to be assessed in further proceedings.

Citation: [2016] EWHC 3583 (Ch)
Parties: Claimant: Signature Realty Limited; Defendant: Fortis Developments Limited; Defendant: Beaumont Morgan Developments Limited
Jurisdiction: England and Wales
Judgment Date: 17 February 2017
Procedural Posture: Copyright Infringement Action / Post Trial Judgment
Outcome: Claimant succeeds in part; copyright infringement established for certain drawings and uses.
Legal Topics: Copyright Subsistence, Copyright Infringement, Architectural Drawings, Damages, Additional Damages, Planning Permission

Intellectual Property Copyright Law Copyright Subsistence Copyright Infringement Architectural Drawings Damages Additional Damages Planning Permission

Case Brief

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Parties

Signature Realty Limited

Claimant

Fortis Developments Limited

Defendant

Beaumont Morgan Developments Limited

Defendant

Procedural Posture

Legal Issues

1 Whether copyright subsists in the architect's drawings
2 Whether defendants infringed copyright by use of drawings for marketing, construction, and amendments
3 Entitlement to damages and additional damages under s.97(2) Copyright Designs and Patents Act 1988

Ratio Decidendi

Court Disposition

Claimant succeeds in part; copyright infringement established for certain drawings and uses.

Orders

Declaration of copyright subsistence and infringement
Order for inquiry as to damages or account of profits