Kogan v Martin & Ors (Rev 1)

Kogan v Martin & Ors (Rev 1)

The judge erred in law and fact by failing to properly assess Ms Kogan’s evidence, undervaluing her contributions, applying an incorrect threshold for joint authorship, and relying on an unpleaded procedural point. The appeal is allowed and the judgment set aside for retrial.

Parties
Appellant: Julia Kogan; Respondent: Nicholas Martin; Respondent: Big Hat Stories Limited; Respondent: Florence Film Limited; Respondent: Pathe Productions Limited; Respondent: Qwerty Films Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; judgment and orders set aside; retrial ordered.
Legal Topics
Joint Authorship, Screenplay Copyright, Estoppel, Acquiescence, Case Management, Contribution Threshold
Intellectual Property Copyright Law Joint Authorship Screenplay Copyright Estoppel Acquiescence Case Management Contribution Threshold

Case Brief

Summary, issues, holding and outcome

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Parties

Julia Kogan

Appellant

Nicholas Martin

Respondent

Big Hat Stories Limited

Respondent

Florence Film Limited

Respondent

Pathe Productions Limited

Respondent

Qwerty Films Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ms Kogan is a joint author of the screenplay for Florence Foster Jenkins under section 10(1) of the Copyright, Designs and Patents Act 1988
  2. 2 Whether Ms Kogan's contributions were sufficient to qualify as joint authorship
  3. 3 Whether Ms Kogan is estopped or prevented by acquiescence from asserting copyright against the film companies

Ratio Decidendi

The judge erred in law and fact by failing to properly assess Ms Kogan’s evidence, undervaluing her contributions, applying an incorrect threshold for joint authorship, and relying on an unpleaded procedural point. The appeal is allowed and the judgment set aside for retrial.

Court Disposition

Appeal allowed; judgment and orders set aside; retrial ordered.

Orders

  • New trial before a different judge in the IPEC.
  • Early case management conference to be held.