Copyright was claimed in a draft legal agreement. Infringement was established, but the court was asked to look at the assessment of damages.
Held: ‘what is the basis upon which damages for breach of copyright are awarded? The question cannot be answered without consideration of the nature of the wrongdoing which breach of copyright represents. The nature of the wrong is clear enough. In a case where the copyright work is a written document, it consists in the unauthorised use of the actual text of the document. It does not consist in pirating the idea or ideas to be found in the text.’ The claimed loss was not attributable to any breach of copyright: not because it was unforeseeable or otherwise too remote . . . but because in principle . . . it lies beyond the scope of protection which the law of copyright affords.’ The judge had lost hold of the distinction between the loss which flowed from the copying of the text and that which flowed from the copying of the ideas. The appeal succeeded.
Citations:
[2005] EWCA Civ 931
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Sutherland Publishing Co Ltd v Caxton Publishing Co Ltd CA 1936
. .
Cited – Paterson Zochonis and Co v Merfarken Packaging Ltd CA 1986
The normal measure of damages for copyright infringement is the amount by which the copyright is depreciated, by the infringement, as a chose in action. . .
Cited – Work Model Enterprises Limited v ECO System Limited 1996
There had been an admitted infringement of copyright by a competitor who copied the claimant’s brochure.
Held: The infringement did not cause the lost sales which were the result of legitimate competition. . .
Cited – Gerber Garment Technology Inc v Lectra Systems Ltd ChD 30-Jan-1995
A prior art recital in a Patent application is strong but rebuttable evidence of the state of knowledge. . .
Cited – Jolley v Sutton London Borough Council HL 24-May-2000
An abandoned boat had been left on its land and not removed by the council. Children tried to repair it, jacked it up, and a child was injured when it fell. It was argued for the boy, who now appealed dismissal of his claim by the Court of Appeal, . .
Cited – Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA CA 18-Dec-1996
The plaintiffs claimed damages for patent infringement. Some of the lost profits for which the plaintiff company claimed damages were suffered by subsidiary companies in which it held all the shares.
Held: When a shareholder has a cause of . .
Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Damages
Updated: 01 July 2022; Ref: scu.228963