Lucasfilm Ltd v Ainsworth
Lucasfilm v Ainsworth | |
---|---|
Court | Supreme Court of the United Kingdom |
Full case name | Lucasfilm Limited and others (Appellants) v Ainsworth and another (Respondents) |
Decided | 27 July 2011 |
Citation(s) | [2011] UKSC 39, [2012] 1 AC 208 |
Court membership | |
Judge(s) sitting | Lord Phillips Lord Walker Lady Hale Lord Mance Lord Collins |
Lucasfilm Limited v Ainsworth [2011] UKSC 39 was a 2011 court ruling by the
Case background
The Stormtrooper character first appeared in the film
In the English courts, Lucasfilm was represented by Michael Bloch QC and Jonathan Sumption QC.[10] Mr. Ainsworth was represented by Alastair Wilson QC and George Hamer.[11]
Court ruling
The Supreme Court ruled that the Stormtrooper helmets could not be considered a sculpture for the purposes of section 4 of the Copyright, Designs and Patents Act 1988.[12] On the issue of the justiciability of a foreign copyright claim, the court ruled that providing that there is in personam jurisdiction over a defendant, an English court does have jurisdiction in this area. On this point, the case was distinguished from British South Africa v Companhia de Mocambique,[13] that expressed the general principle that English courts have no jurisdiction to entertain an action to determine title, where claims applied to foreign intellectual property rights.[10]
As part of their conclusions on the justiciability question, Lord Walker and Lord Collins stated:[14]
We have come to the firm conclusion that, in the case of a claim for infringement of copyright of the present kind, the claim is one over which the English court has jurisdiction, provided that there is a basis for in personam jurisdiction over the defendant, or, to put it differently, the claim is justiciable. It is clear that much of the underpinning of the
Potter v Broken Hill Pty Co Ltd[15] has been eroded. All that is left of the Moçambique rule (except to the extent that it is modified by the Brussels I Regulation) is that there is no jurisdiction in proceedings for infringement of rights in foreign land where the proceedings are "principally concerned with a question of the title, or the right to possession, of that property".[2]: at [106]
They went on further to state:
The basis for what remains of the rule was said by the House of Lords in the Moçambique case to be that controversies should be decided in the country of the situs of the property because the right of granting it was vested in "the ruler of the country" and in the Hesperides case to be the maintenance of comity and the avoidance of conflict with foreign jurisdictions. It is possible to see how the rationale of the Moçambique rule can be applied to patents, at any rate where questions of validity are involved.[2]: at [107]
See also
- Copyright law in the United Kingdom
- 2011 Judgments of the Supreme Court of the United Kingdom
References
- ^ "The Supreme Court Press Summary" (PDF). Supremecourt.gov.uk. 27 July 2011. Retrieved 30 July 2011.[permanent dead link]
- ^ a b c Lucasfilm Ltd v Ainsworth [2011] UKSC 39, Supreme Court (UK).
- ^ "George Lucas defeated by Star Wars helmet man Andrew Ainsworth". Metro.co.uk. Retrieved 30 July 2011.
- ^ a b "The Lucasfilm empire strikes out". Toronto: theglobeandmail.com. Retrieved 31 July 2011.
- ^ "How copyright protects your work". www.gov.uk. Retrieved 16 March 2021.
- ^ DeBord, Jason (16 March 2011). "Facebook Hosts Ongoing Public Debate Over Original Sculptor Credit for Star Wars Stormtrooper". OriginalProp.com. Retrieved 9 September 2011.
- ^ DeBord, Jason (24 June 2008). "Star Wars "Prototype" Stormtrooper Helmets". OriginalProp.com. Retrieved 1 September 2011.
- ^ "Judgement: Lucasfilm Limited and others (Appellants) v Ainsworth and another (Respondents)" (PDF). Supremecourt.gov.uk. Retrieved 31 July 2011.[permanent dead link]
- Lucasfilm, Ltd. 11 October 2006. Archived from the originalon 10 September 2011. Retrieved 1 September 2011.
- ^ a b "Judgement: Lucasfilm Limited and others (Appellants) v Ainsworth and another (Respondents)" (PDF). Supremecourt.gov.uk. Retrieved 31 July 2011.[permanent dead link]
- ^ "Lucasfilm Limited and others (Appellants) v Ainsworth and another (Respondents)" (PDF). supreme court.uk. Retrieved 16 March 2021.
- ^ "Reputational law: Star Wars stormtrooper battle is a warning on copyright protection". inhouselawyer.co.uk. Retrieved 16 March 2021.
- British South Africa Co v Companhia de Moçambique [1893] AC 602, House of Lords, (England and Wales).
- ^ Lucasfilm v Ainsworth [2011] UKSC 39, [105].
- ^ Potter v Broken Hill Pty Co Ltd [1906] HCA 88, (1906) 3 CLR 479 (20 March 1906), High Court (Australia)
External links
- BBC: How to make a Stormtrooper Helmet - Mr Ainsworth demonstrating how to make a Stormtrooper helmet