Powered by Lexis+®
Jurisdiction(s):
United Kingdom

CGI resurrection of Peter Cushing: EWHC refuses summary judgment in Tyburn v Broughton; unjust enrichment and performers’ rights under reg 31 Copyright and Related Rights Regulations 1996 to be tried

Published on: 13 February 2024

Published by a LexisNexis TMT expert
Legal News
imgtext
Article summary

Tyburn Film Productions Ltd v Broughton and others (transcript) [2023] EWHC 3247 (Ch)

What are the practical implications of this case?

This case spotlights the difficulties surrounding the resurrection of deceased performers, especially the intricate web of contractual arrangements and the treatment of rights in their likeness after death. Given the novel legal issues arising on the facts—most notably unjust enrichment and performers’ rights—it is a paradigm instance of a dispute that should go to trial. Moreover, the requirement for comprehensive skeleton arguments and substantive oral submissions, in and of itself, underscores that an application of this sort raises complex issues unsuited to summary disposal. At trial, the court will have to grapple with the proper ambit of the Copyright and Related Rights Regulations and decide whether they are sufficiently expansive to encompass rights of resurrection. The dispute also promises to enrich the body of case law on unjust enrichment, particularly in clarifying the line between direct and indirect benefits...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow