Penhallurick v MD5 Ltd

Penhallurick v MD5 Ltd

All relevant works (Third to Eighth Works) were created by Mr Penhallurick in the course of his employment with MD5, making MD5 the first owner of copyright; alternatively, the November 2008 Agreement assigned all relevant copyrights, past and future, to MD5. The claim of Mr Penhallurick is dismissed and MD5 is entitled to a declaration of ownership.

Parties
Claimant: Michael Penhallurick; Defendant: MD5 Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2021
Procedural Posture
Intellectual Property / Copyright / Judgment After Full Trial
Outcome
Claim dismissed; counterclaim dismissed except for declaration of copyright ownership.
Legal Topics
Copyright Ownership, Works Created in Course of Employment, Assignment of Copyright, Employment Contracts, Licensing, Breach of Contract, Estoppel
Intellectual Property Employment Law Contract Law Copyright Ownership Works Created in Course of Employment Assignment of Copyright Employment Contracts Licensing +2 more

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Parties

Michael Penhallurick

Claimant

MD5 Limited

Defendant

Procedural Posture

Intellectual Property / Copyright / Judgment After Full Trial

Legal Issues

  1. 1 Who owns the copyright in the VFC software and related works?
  2. 2 Were the works created in the course of employment?
  3. 3 Did the November 2008 Agreement assign copyright to MD5?

Ratio Decidendi

All relevant works (Third to Eighth Works) were created by Mr Penhallurick in the course of his employment with MD5, making MD5 the first owner of copyright; alternatively, the November 2008 Agreement assigned all relevant copyrights, past and future, to MD5. The claim of Mr Penhallurick is dismissed and MD5 is entitled to a declaration of ownership.

Court Disposition

Claim dismissed; counterclaim dismissed except for declaration of copyright ownership.

Orders

  • Claim dismissed in full.
  • Counterclaim dismissed except for declaration of copyright ownership in Third to Eighth Works in favour of MD5.