Norowzian v Arks Ltd & Ors [1998] EWHC 315 (Ch) (17 July 1998)

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
Intellectual Property Law Copyright Dramatic Works Film Copyright Infringement Originality

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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

  1. 1 Whether the film 'Joy' constitutes or comprises a dramatic work under the Copyright, Designs and Patents Act 1988
  2. 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.