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Star Wars copyright
case - the 'force' was not strong in this one
A Star Wars fight scene might begin "in
a galaxy far, far away…" However, in July 2011 the
battle was fought far closer to home in the Supreme Court
here in the UK.
The Supreme Court, ruling against the Lucasfilm companies,
decided that Mr Ainsworth, a prop designer, and Shepperton
Design Studios Limited (Defendants) could continue to sell
replica Stormtrooper armour and helmets as featured in the
Star Wars films first released in 1977.
In 1976, Mr Ainsworth was asked to make some
Stormtrooper helmets and armour for Star Wars by George Lucas.
He was provided with drawings and clay models from which he
created moulds for the helmets and armour. He then kept the
originals.
In 2004, Mr Ainsworth began to sell online replica helmets
and armour made from the original moulds. Consequently, Lucasfilm
brought copyright and trade mark infringement proceedings
in California against the Defendants. The Court found in Lucasfilm's
favour and the Defendants were ordered to pay $10 million
for US copyright and trade mark infringement.
Original artistic works are protected by the Copyright, Designs
and Patents Act 1988 (CDPA). 'Artistic works' include (a)
graphic works, such as diagrams or drawings; (b) sculptures,
which include casts or models made for the purpose of sculpture;
and (c) works of artistic craftsmanship.
The copyright in a work will be infringed if the whole or a
substantial part of the work is copied without the consent of
the copyright owner. However, there is a defence to copyright
infringement under section 51 of the CDPA. If a design document
is used by a person to make an article in accordance with the
details of the design document, the copyright will not have
been infringed. For these purposes a design document can include
any record of a design, drawings, written descriptions, or photographs.
This defence will not apply if the design document is used to
make an artistic work.
Although Lucasfilm's claim for infringement of US copyright
was upheld, all of its other claims were dismissed.
The Court decided that the helmet and the armour were neither
sculptures nor works of artistic craftsmanship. The items
were intended to be worn as part of a costume in a film and
the Court decided that the items had no aesthetic appeal.
The Defendants had copied a design document to make items
that accorded to the specified design. By doing so the Defendants
had not created artistic works and a defence against copyright
infringement was established.
The Courts also accepted that the Defendants were not sufficiently
connected to the US, such as having a business address or
trading in the country, to enforce the decision of the US
courts. Importantly for future copyright cases, the Court
decided that English courts will be able to consider foreign
copyright infringement cases.
Although the force was not with Lucasfilm on this
occasion, a spokesperson for the companies said "Lucasfilm
remains committed to aggressively protecting its intellectual
property rights relating to Star Wars in the UK and around
the globe." The Court's decision regarding jurisdiction
over foreign copyright infringement is an interesting development
for everyone wishing to protect existing or developing global
brands.
Melissa Quazi
MH Media & Technology
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