(Court of Appeal of New Zealand) The plaintiff had created a hugely sucessful TV programme in the UK, called Opportunity Knocks. He now appealed against rejection of his claim in copyright alleging that the defendant had copied the format, and also in passing off.
Held: Courts have a discretion whether or not to order a new trial where fresh evidence is sought to be introduced and, in exercise of that discretion, they should apply the tests in Ladd v Marshall
Ongley J considered the claim to copyright in the words ‘Opportunity Knocks’ and held that copyright did not subsist in the title. His Honour noted that it is a difficult but not an impossible task to establish copyright in a title. He referred to the Privy Council decision in Francis
Judges:
Somers, Casey, Gallen JJ
Citations:
[1988] NZCA 180, CA40/84, [1988] 2 NZLR 490, (1988) 2 TCLR 701
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Francis Day and Hunter Limited v 20th Century Fox Corporation Limited PC 12-Oct-1939
(Ontario) Copyright protection was asserted on in connection with the title to a film (‘The Man Who Broke the Bank at Monte Carlo’).
Held: It was not a literary work capable of attracting copyright protection. As a rule, such titles do not . .
Cited by:
Appeal from – Green v Broadcasting Corporation of New Zealand PC 18-Jul-1989
Format of TV show not copyrightable
Court of Appeal of New Zealand – The plaintiff had developed the program ‘Opportunity Knocks’ on British television. He claimed copyright in the general structure or format of a similar television programme in New Zealand, and also in passing off. . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 31 December 2022; Ref: scu.567719
