Norowzian v Arks Ltd & Ors [1998] EWHC 315 (Ch) (17 July 1998)
'Joy' is neither a dramatic work nor a recording of a dramatic work within the meaning of the Copyright, Designs and Patents Act 1988, as the edited film does not record a performance capable of being physically performed. Even if it were a dramatic work, 'Anticipation' does not reproduce a substantial part of it....
Source-derived case information.
- Citation
- [1998] EWHC 315 (Ch)
- Parties
- Plaintiff: Mr. Norowzian; First Defendant: Arks Limited; Second Defendant: Guinness Brewing Worldwide Limited; Third Defendant: Guinness plc
- Jurisdiction
- England and Wales
- Judgment Date
- 17 July 1998
- Procedural Posture
- Copyright Infringement Claim / High Court Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Copyright, Dramatic Works, Film Copyright, Infringement, Originality
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. Norowzian
Plaintiff
Arks Limited
First Defendant
Guinness Brewing Worldwide Limited
Second Defendant
Guinness plc
Third Defendant
Procedural Posture
Copyright Infringement Claim / High Court Judgment
Legal Issues
- 1 Whether the film 'Joy' constitutes or comprises a dramatic work under the Copyright, Designs and Patents Act 1988
- 2 Whether the Guinness advertisement 'Anticipation' infringes any copyright subsisting in 'Joy'
Ratio Decidendi
'Joy' is neither a dramatic work nor a recording of a dramatic work within the meaning of the Copyright, Designs and Patents Act 1988, as the edited film does not record a performance capable of being physically performed. Even if it were a dramatic work, 'Anticipation' does not reproduce a substantial part of it. Therefore, there is no infringement of copyright in 'Joy' by 'Anticipation'.
Court Disposition
Claim dismissed
Orders
- Plaintiff's claim for copyright infringement is dismissed against all defendants.
- Claim in passing off was abandoned during trial.
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