Slater v Wimmer [2012] EWPCC 7 (16 February 2012)

Slater v Wimmer [2012] EWPCC 7 (16 February 2012)

There was no express or implied term assigning copyright to the defendant. The claimant was the principal director and the defendant was the producer, making them joint authors and co-owners of the copyright in the footage under the Copyright Designs and Patents Act 1988. Neither party may exploit the footage without the other's consent.

Citation
[2012] EWPCC 7
Parties
Claimant: Stephen Slater; Defendant: Per Wimmer
Jurisdiction
England and Wales
Judgment Date
16 February 2012
Procedural Posture
Copyright Infringement and Declaration of Rights / Judgment After Trial
Outcome
Declarations granted that the parties are co-owners of all relevant copyrights; both have reproduced the footage without the other's consent.
Legal Topics
Copyright Ownership, Joint Authorship, Implied Terms in Contracts, Film Copyright, Licensing and Assignment of Copyright
Intellectual Property Contract Copyright Ownership Joint Authorship Implied Terms in Contracts Film Copyright Licensing and Assignment of Copyright

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Parties

Stephen Slater

Claimant

Per Wimmer

Defendant

Procedural Posture

Copyright Infringement and Declaration of Rights / Judgment After Trial

Legal Issues

  1. 1 Who owns the copyright in film footage shot by the claimant during a skydive over Mount Everest?
  2. 2 Was there an express or implied contractual term assigning copyright to the defendant?
  3. 3 Is the defendant a co-author (producer or principal director) of the footage?

Ratio Decidendi

There was no express or implied term assigning copyright to the defendant. The claimant was the principal director and the defendant was the producer, making them joint authors and co-owners of the copyright in the footage under the Copyright Designs and Patents Act 1988. Neither party may exploit the footage without the other's consent.

Court Disposition

Declarations granted that the parties are co-owners of all relevant copyrights; both have reproduced the footage without the other's consent.

Orders

  • Declarations of joint ownership of copyright in the film footage.
  • Further orders to be determined after hearing the parties.