Lucasfilm Limited v Ainsworth
Encyclopedia
Lucasfilm Limited v Ainsworth was a 2011 court ruling by the Supreme Court of the United Kingdom
. The case concerned a copyright dispute over the production of Lucasfilm's Stormtrooper costumes by model maker Andrew Ainsworth. Mr Ainsworth argued that the helmets, which he continues to manufacture and sell, were functional props as opposed to Lucasfilm's assertion that they were sculptures or art. Copyright
protection is retained for fewer years for the former than the latter.
. The character was conceived by George Lucas, designed by artist Ralph McQuarrie
, sculpted by from Liz Moore and Brian Muir
, and finally molded from the existing designs by Andrew Ainsworth. Prior to the case coming to court, Ainsworth had been selling replica Stormtrooper outfits online for a number of years causing Lucasfilm
to sue for infringement of copyright. Ainsworth did not defend the 2006 case in the US courts, and the United States District Court
for the Central District of California gave summary judgement in favour of Lucasfilm, awarding a USD $20 million compensation.
for the purposes of the Copyright, Designs and Patents Act 1988
. On the issue of the justiciability of a foreign copyright claim, the court ruled that providing that there is in personam
jurisdiction over a defendant, an English court does have jurisdiction in this area. On this point, the case was distinguished from British South Africa v Companhia de Mocambique
that expressed the general principle that English courts have no jurisdiction to entertain an action to determine title, where claims applied to foreign intellectual property rights.
As part of their conclusions on the justiciability question, Lord Walker and Lord Collins stated:
They went on further to state:
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
. The case concerned a copyright dispute over the production of Lucasfilm's Stormtrooper costumes by model maker Andrew Ainsworth. Mr Ainsworth argued that the helmets, which he continues to manufacture and sell, were functional props as opposed to Lucasfilm's assertion that they were sculptures or art. Copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
protection is retained for fewer years for the former than the latter.
Case background
The Stormtrooper character first appeared in the film Star Wars Episode IV: A New HopeStar Wars Episode IV: A New Hope
Star Wars Episode IV: A New Hope, originally released as Star Wars, is a 1977 American epic space opera film, written and directed by George Lucas. It is the first of six films released in the Star Wars saga: two subsequent films complete the original trilogy, while a prequel trilogy completes the...
. The character was conceived by George Lucas, designed by artist Ralph McQuarrie
Ralph McQuarrie
Ralph McQuarrie is a conceptual designer and illustrator who designed Star Wars , the original Battlestar Galactica , E.T. the Extra-Terrestrial and Cocoon, for which he won an Academy Award....
, sculpted by from Liz Moore and Brian Muir
Brian Muir (sculptor)
Brian Muir is a British sculptor who most famously created Darth Vader's helmet and armour using Ralph McQuarrie's design....
, and finally molded from the existing designs by Andrew Ainsworth. Prior to the case coming to court, Ainsworth had been selling replica Stormtrooper outfits online for a number of years causing Lucasfilm
Lucasfilm
Lucasfilm Limited is an American film production company founded by George Lucas in 1971, based in San Francisco, California. Lucas is the company's current chairman and CEO, and Micheline Chau is the president and COO....
to sue for infringement of copyright. Ainsworth did not defend the 2006 case in the US courts, and the United States District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Central District of California gave summary judgement in favour of Lucasfilm, awarding a USD $20 million compensation.
Court ruling
The Supreme Court ruled that the Stormtrooper helmets could not be considered a sculptureSculpture
Sculpture is three-dimensional artwork created by shaping or combining hard materials—typically stone such as marble—or metal, glass, or wood. Softer materials can also be used, such as clay, textiles, plastics, polymers and softer metals...
for the purposes of the Copyright, Designs and Patents Act 1988
Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988 , also known as the CDPA, is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been...
. On the issue of the justiciability of a foreign copyright claim, the court ruled that providing that there is in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
jurisdiction over a defendant, an English court does have jurisdiction in this area. On this point, the case was distinguished from British South Africa v Companhia de Mocambique
Mozambique rule
The Moçambique rule, or Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions...
that expressed the general principle that English courts have no jurisdiction to entertain an action to determine title, where claims applied to foreign intellectual property rights.
As part of their conclusions on the justiciability question, Lord Walker and Lord Collins stated:
They went on further to state:
See also
- Copyright law in the United Kingdom
- 2011 Judgments of the Supreme Court of the United Kingdom2011 Judgments of the Supreme Court of the United KingdomThis is a list of the judgements given by the Supreme Court of the United Kingdom in the year 2011 as of 23rd March. So far 19 cases have been decided and these are ordered by Neutral citation....
External links
- BBC: How to make a Stormtrooper Helmet - Mr Ainsworth demonstrating how to make a Stormtrooper helmet