Brighton & Anor v Jones

Brighton & Anor v Jones

Brighton's contributions during rehearsals, though valuable, were not of the nature or significance to make her a joint author of the 1996 script; all creative decisions and final wording remained with Jones. The draft opening script was a dramatic work in which Brighton owned copyright, but Jones had an implied licence to use it for both the 1996 and 1999 scripts until revoked in November 2001. No breach occurred before revocation. Dubbeljoint is contractually entitled to payments from Jones' income and to be credited as original producer, but has not proven any financial loss from lack of credit and is not entitled to damages beyond a nominal sum.

Parties
First Claimant: Pamela Dallas Brighton; Second Claimant: Dubbeljoint Theatre Company Limited; Defendant: Marie Jones
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Civil / Judgment After Trial
Outcome
Claims by Brighton and Dubbeljoint largely dismissed; limited prospective relief granted.
Legal Topics
Copyright, Joint Authorship, Implied Licence, Breach of Contract, Damages
Intellectual Property Contract Copyright Joint Authorship Implied Licence Breach of Contract Damages

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Parties

Pamela Dallas Brighton

First Claimant

Dubbeljoint Theatre Company Limited

Second Claimant

Marie Jones

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Pamela Brighton is a joint author of the 1996 script of 'Stones In His Pockets' and entitled to copyright ownership
  2. 2 Whether Marie Jones infringed Brighton's copyright in the draft opening script by creating and exploiting the 1999 script
  3. 3 Whether Dubbeljoint is entitled to payments and credits under its contract with Jones, and to damages for lack of credit

Ratio Decidendi

Brighton's contributions during rehearsals, though valuable, were not of the nature or significance to make her a joint author of the 1996 script; all creative decisions and final wording remained with Jones. The draft opening script was a dramatic work in which Brighton owned copyright, but Jones had an implied licence to use it for both the 1996 and 1999 scripts until revoked in November 2001. No breach occurred before revocation. Dubbeljoint is contractually entitled to payments from Jones' income and to be credited as original producer, but has not proven any financial loss from lack of credit and is not entitled to damages beyond a nominal sum.

Court Disposition

Claims by Brighton and Dubbeljoint largely dismissed; limited prospective relief granted.

Orders

  • Declaration that Jones is sole owner of copyright in the 1996 and 1999 scripts, subject to Brighton's copyright in the draft opening script for future exploitation after 7 November 2001.
  • Dubbeljoint may apply for an inquiry into payments due under clause 16 of the contract.