Film studio loses claim for copyright infringement
Entertainment & media
Comment | 16 August 2011
Andrew Ainsworth, a prop designer who worked on the very first Star Wars film, has seen his five year litigation with Lucasfilm come to an end, having reached the dizzy heights of the Supreme Court of England and Wales, the highest court in the land. The Supreme Court sided with Ainsworth.
“If there is a force, then it has been with me these past five years”. Those amongst you who are keen movie fans will almost certainly pick up on Mr Ainsworth’s play on words. Those interested in intellectual property issues will understand the significance of this case.
Lucasfilm had sued Ainsworth in the UK for infringement of copyright. They alleged that Ainsworth, by reproducing replica ‘storm-trooper’ style helmets and selling them to the public, was infringing their copyright, as the helmets had been created for the Star Wars movies.
Ainsworth defeated the claim on the basis that the helmets were not an “artistic work” but a “functional item”. Consequently a much shorter period of copyright protection applied, meaning Ainsworth was free to reproduce the helmet. Lucasfilm’s claim for infringement of copyright therefore failed at the final hurdle.
This case has important repercussions. It will give rise to a concern on the part of film and television merchandisers as to whether their designs have a functional or an artistic purpose. If they do have a functional purpose, the ability to exclusively exploit the items for merchandising purposes may be significantly reduced. Highly skilled and creative works made for use in films may not be entitled to copyright protection in the UK.
Another key issue determined by the Supreme Court was that infringements of foreign copyrights can be pursued through British courts. This was an age old question, the uncertainty over which has now gone. Commentators were quick to note that this might spawn a tidal wave of copyright litigation in the UK regarding foreign copyright.
There should be no wonder, therefore, if studios can be heard muttering “I’ve got a bad feeling about this”.