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 that the casts which were copied were not otherwise works of sculpture.
Held: The judge rejected this argument. The cast had been produced by carving an artistic reproduction of the fruit and leaves.

Citations:

(1891) 65 LT 785

Statutes:

Sculpture Copyright Act 1814

Jurisdiction:

England and Wales

Cited by:

CitedLucasfilm 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 . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 09 November 2022; Ref: scu.384436