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Acts

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Caproni v Alberti: 1891

The defendant copied three casts made by the plaintiff of various arrangements of fruit and leaves. His defence was that the 1814 Act did not refer to casts of flowers, leaves or fruit and that such casts did not fall within the words ‘any subject being matter of invention in sculpture’. It was not suggested … Continue reading Caproni v Alberti: 1891

Breville Europe v Thorn EMI Domestic Appliances Ltd: ChD 1995

Copyright was asserted in plastic shapes used as moulds for the heated plates in a sandwich toaster. Held: The defendants had not appropriated the plaintiff’s designs contained in their drawings in producing their own machine. Falconer J (obiter) said: ‘Turning to the plaster shapes or sculptures, the defendants contended that these were not sculptures within … Continue reading Breville Europe v Thorn EMI Domestic Appliances Ltd: ChD 1995

Britain v Hanks Bros and Co: 1902

The plaintiff claimed copyright in a model soldier cast in metal as a statue. The defendant argued that the statute was intended to apply only to substantial works of art, such as busts, large sculptures and casts of copies of works recognised as works of art, and there was no artistic merit in the model … Continue reading Britain v Hanks Bros and Co: 1902

Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009

The claimants had made several Star Wars films for which the defendants had designed various props items. The parties disputed ownership of the rights in the designs, and in articular of a stormtrooper helmet. The issues came down to whether the defendant had rights to reproduce images under sections 51 and 52. The claimants appealed … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: CA 16 Dec 2009