Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors (Rev1) [2022] EWHC 1379 (IPEC) (08 June 2022)

Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors (Rev1) [2022] EWHC 1379 (IPEC) (08 June 2022)

Each script for 'Only Fools and Horses' is a dramatic work protected by copyright. The body of scripts does not constitute a separate copyright work. The character 'Del Boy' as expressed in the scripts is an original and clearly identifiable character and is protected by copyright. The defendants' show copied substantial parts of the scripts and the character, amounting to infringement. The acts were not protected by parody, pastiche, or fair dealing defences. The claimant owned goodwill in the relevant indicia, and the defendants' acts amounted to passing off.

Citation
[2022] EWHC 1379 (IPEC)
Parties
Claimant: Shazam Productions Ltd; Defendant: Only Fools The Dining Experience Ltd; Defendant: Imagination Workshop Pty Ltd; Defendant: Alison Gay Pollard-Mansergh; Defendant: Peter Gordon Mansergh; Defendant: Katharine Mary Gillham; Defendant: Imagination Workshop Limited; Defendant: Imagination Workshop Festival Limited; Defendant: Jared Harford
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Copyright and Passing Off Claim / First Instance Judgment After Trial
Outcome
Claim allowed in part; copyright infringement and passing off established.
Legal Topics
Copyright Subsistence in Scripts, Copyright in Fictional Characters, Infringement of Dramatic Works, Parody and Pastiche Defences, Passing Off and Goodwill
Intellectual Property Copyright Law Passing Off Copyright Subsistence in Scripts Copyright in Fictional Characters Infringement of Dramatic Works Parody and Pastiche Defences Passing Off and Goodwill

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shazam Productions Ltd

Claimant

Only Fools The Dining Experience Ltd

Defendant

Imagination Workshop Pty Ltd

Defendant

Alison Gay Pollard-Mansergh

Defendant

Peter Gordon Mansergh

Defendant

Katharine Mary Gillham

Defendant

Imagination Workshop Limited

Defendant

Imagination Workshop Festival Limited

Defendant

Jared Harford

Defendant

Procedural Posture

Copyright and Passing Off Claim / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether scripts for 'Only Fools and Horses' are protected as dramatic works
  2. 2 Whether the body of scripts constitutes a separate copyright work
  3. 3 Whether the character 'Del Boy' is protected by copyright as a literary or dramatic work

Ratio Decidendi

Each script for 'Only Fools and Horses' is a dramatic work protected by copyright. The body of scripts does not constitute a separate copyright work. The character 'Del Boy' as expressed in the scripts is an original and clearly identifiable character and is protected by copyright. The defendants' show copied substantial parts of the scripts and the character, amounting to infringement. The acts were not protected by parody, pastiche, or fair dealing defences. The claimant owned goodwill in the relevant indicia, and the defendants' acts amounted to passing off.

Court Disposition

Claim allowed in part; copyright infringement and passing off established.

Orders

  • Declaration that each script is a dramatic work protected by copyright
  • Declaration that the character 'Del Boy' is protected by copyright as expressed in the scripts