STAR TV FILMED ENTERTAINMENT (HK) LTD AND ANOTHER v. GOLDEN PRINCESS AMUSEMENT CO LTD AND ANOTHER

STAR TV FILMED ENTERTAINMENT (HK) LTD AND ANOTHER v. GOLDEN PRINCESS AMUSEMENT CO LTD AND ANOTHER

The court held that the SFAs effected comprehensive assignments of all rights worldwide in the listed films including underlying works and adaptation rights, and that the executed licence’s own definitions confined the rights granted to the cinematographic films as defined in that licence; therefore the licence did not grant the first defendant the underlying rights and the declarations in favour of the plaintiffs were correct.

Citation
STAR TV FILMED ENTERTAINMENT (HK) LTD AND ANOTHER v. GOLDEN PRINCESS AMUSEMENT CO LTD AND ANOTHER
Parties
1st Plaintiff: STAR TV FILMED ENTERTAINMENT (HK) LIMITED; 2nd Plaintiff: STAR TV FILMED ENTERTAINMENT LIMITED; 1st Defendant: GOLDEN PRINCESS AMUSEMENT COMPANY LIMITED; 2nd Defendant: KOWLOON DEVELOPMENT COMPANY LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
27 September 2007
Case Number
CACV61/2007
Procedural Posture
Civil Appeal / Court of Appeal Hearing on Appeal From Deputy High Court Judge (hcmp No.1556 of 2006)
Outcome
Appeal dismissed; Court of Appeal upheld declarations in favour of the plaintiffs; costs ordered to plaintiffs (order nisi).
Legal Topics
Assignment of Rights, Licence Interpretation, Construction of Agreements, Scope of Granted Rights, Declaratory Relief
Source Language
EN
Contract Intellectual Property Copyright Assignment of Rights Licence Interpretation Construction of Agreements Scope of Granted Rights Declaratory Relief

Case Brief

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Parties

STAR TV FILMED ENTERTAINMENT (HK) LIMITED

1st Plaintiff

STAR TV FILMED ENTERTAINMENT LIMITED

2nd Plaintiff

GOLDEN PRINCESS AMUSEMENT COMPANY LIMITED

1st Defendant

KOWLOON DEVELOPMENT COMPANY LIMITED

2nd Defendant

Procedural Posture

Civil Appeal / Court of Appeal Hearing on Appeal From Deputy High Court Judge (hcmp No.1556 of 2006)

Legal Issues

  1. 1 Whether the Short Form Assignments (SFAs) transferred all rights including underlying works and rights to adaptations worldwide
  2. 2 Whether the executed licence granted the first defendant rights in the underlying works or only rights in the cinematographic films as defined in the licence
  3. 3 Whether the definitions in the Initial Agreement should govern construction of the subsequently executed licence

Ratio Decidendi

The court held that the SFAs effected comprehensive assignments of all rights worldwide in the listed films including underlying works and adaptation rights, and that the executed licence’s own definitions confined the rights granted to the cinematographic films as defined in that licence; therefore the licence did not grant the first defendant the underlying rights and the declarations in favour of the plaintiffs were correct.

Court Disposition

Appeal dismissed; Court of Appeal upheld declarations in favour of the plaintiffs; costs ordered to plaintiffs (order nisi).

Orders

  • Declaration that the defendants transferred or confirmed transfer of all rights, interest and title worldwide in relation to the films listed in the SFAs including all contents, present and future adaptations and versions, theme, title and characters and copyright for full term and renewals
  • Declaration that plaintiffs have exclusive rights, interest and title to the underlying works to the Films including copyright and all other rights in scripts, theme, story and characters