Jurisdiction(s):
United Kingdom

UK IPEC recognises copyright in Del Boy TV character: Shazam v Only Fools The Dining Experience - Cofemel test applied; scripts infringed; parody/pastiche defences fail; passing off upheld

Published on: 23 June 2022

Published by a LexisNexis TMT expert

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Article summary

Shazam Productions Ltd v Only Fools The Dining Experience Ltd and others [2022] EWHC 1379 (IPEC) What are the practical implications of this case?

This ruling marks a significant first: a UK court has recognised that copyright can inhere in a character, signalling a potential broadening of what qualifies as a protectable work under UK copyright law. The ramifications could be felt widely across sectors that draw on famous characters—advertisers, computer game creators and event organisers—as well as the more established creative spheres of books, plays, musicals, film and television. Prospective users of well-known characters may therefore be more cautious about the risk of infringement, while rights holders may point to the judgment to support claims for increased licensing revenue. It remains uncertain whether the defendants will seek to appeal; the matter was transferred from the High Court to the IPEC in 2020 to reduce expense, which may deter an appeal and the prospect of further costs. From a legal standpoint, however, further guidance would be welcome on how the EU test for protectable works should be applied...

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