R Griggs Group Ltd & Ors v Evans & Ors

R Griggs Group Ltd & Ors v Evans & Ors

The terms of the commission, the nature of the work (a logo for the client), and the factual findings made it necessary to imply a term that full beneficial ownership of the copyright vested in the agency/client; the first defendant had no further interest in the work, and the second defendant, as assignee, held the copyright subject to the claimants' equitable rights.

Parties
Respondent: R Griggs Group Ltd; Respondent: R Griggs & Co Ltd; Respondent: Airwair Ltd; Appellant: Ross Evans; Appellant: Raben Footwear Pty Ltd; Appellant: Ronny Leopold Lewy; Appellant: Garry Lewy
Jurisdiction
England and Wales
Judgment Date
25 January 2005
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Copyright Ownership, Implied Terms in Contracts, Assignment of Copyright, Commissioned Works, Beneficial Ownership
Intellectual Property Equity Copyright Ownership Implied Terms in Contracts Assignment of Copyright Commissioned Works Beneficial Ownership

Case Brief

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Parties

R Griggs Group Ltd

Respondent

R Griggs & Co Ltd

Respondent

Airwair Ltd

Respondent

Ross Evans

Appellant

Raben Footwear Pty Ltd

Appellant

Ronny Leopold Lewy

Appellant

Garry Lewy

Appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the claimants are the beneficial owners in equity of the copyright in a commissioned logo created by the first defendant
  2. 2 Whether the terms of the commissioning contract implied assignment of copyright to the agency/client
  3. 3 Whether the second defendant, as assignee, holds copyright subject to obligations to the claimants

Ratio Decidendi

The terms of the commission, the nature of the work (a logo for the client), and the factual findings made it necessary to imply a term that full beneficial ownership of the copyright vested in the agency/client; the first defendant had no further interest in the work, and the second defendant, as assignee, held the copyright subject to the claimants' equitable rights.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay the Respondents’ costs of the appeal, subject to detailed assessment if not agreed.
  • Appellants to pay the Respondents £15,000 on account in relation to costs due in this appeal within 28 days.