Intellectual Property | SnIPpets | Fieldfisher

Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors [2022] EWHC 1379 (IPEC)

5 min · 8. mar. 2023
episode Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors [2022] EWHC 1379 (IPEC) cover

Description

Sheena Sheikh Brown summarises the judge's combined UK/EU approach to copyright infringement, studying the case of Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors [2022] EWHC 1379 (IPEC). The Intellectual Property and Enterprise Court (IPEC) ruled that a fictional character is capable of copyright protection as a literary work and each script for the series Only Fools and Horses is protected as a dramatic work, therefore meaning that Del Boy is protected by copyright as well as passing off!

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episode Anna Pasternak v Lara Prescott [2022] EWHC 2695 (Ch artwork

Anna Pasternak v Lara Prescott [2022] EWHC 2695 (Ch

Fieldfisher IP expert and director, Sheena Sheikh Brown [https://www.fieldfisher.com/en/people/sheena-sheikh-brown], summarises the weighty decision of Anna Pasternak v Lara Prescott [https://www.bailii.org/ew/cases/EWHC/Ch/2022/2695.html] [2022] EWHC 2695 (Ch) in this 5 minute SnIPpets podcast.   In brief, in 2022, the UK High Court dismissed a detailed copyright claim brought by the great-niece of Boris Pasternak (author of Doctor Zhivago), that a substantial part of the "selection, structure and arrangement of facts and incidents" in her biographical work about Boris's muse were copied by the author of a work of historical fiction. The Court did however find infringement of an extract from a translation of another work.

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