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04 August 2011
Issue: 7477 / Categories: Case law , Law reports , In Court
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Copyright—Infringement—Film props

Lucasfilm Ltd and others v Ainsworth and another [2011] UKSC 39, [2011] All ER (D) 257 (Jul)

Supreme Court, Lord Phillips, P, Lord Walker, Lady Hale, Lord Mance and Lord Collins, 27 Jul 2011
A judge was entitled to find that a helmet worn by a fictional character in a film was not a “sculpture” for the purposes of copyright protection. Provided there was a basis for in personam jurisdiction over the defendant, an English court may have jurisdiction to try a claim for infringement of foreign copyright.

Jonathan Sumption QC, Michael Bloch QC and Alan Bryson (instructed by Harbottle & Lewis LLP) for the claimants. Alastair Wilson QC and George Hamer (instructed by S C Andrew LLP) for the defendants.

The proceedings concerned intellectual property rights in various artefacts made for the Star Wars franchise, principally the helmet for the stormtrooper characters. The defendant, based in England, had some expertise in vacuum-moulding in plastic, and made prototypes and then 50 helmets for use in the film. The claimants held copyright in the artistic

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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