Reject Shop Plc v Robert Manners

Date

3 April 1995

Legislation

Keywords

criminal proceedings; subsistence of copyright; originality

Counsel

Richard Hacon, Kevin Garnett QC, John Critchley

Solicitors:

Nabarro Nathanson; Stephens Innocent

Judge:

Leggatt LJ; Kay J.

Court:

QBD (DC)

Reported:

[1995] FSR 870

Summary:

This was an appeal by way of case stated against the conviction of the Reject Shop on five counts of copyright infringement. The Magistrate had held that the copyright works relied on by the informant, namely distorted photocopies of the informant's original drawings, were themselves original artistic works in which copyright subsisted.

Decision:

The Court held that it was necessary to show that he had expended artistic skill and labour in the production of the image relied upon.

However, the photocopying of the original drawing was not, as contended by the informant, merely a part of the process of an original artistic work, but merely a stage in the manufacturing process of the tiles onto which the informant intended to put the image of the original drawing. The act of photocopying added no skill and labour so as to create a new original artistic work.

No copyright subsisted in the works relied on in the informations laid against the defendant, and the convictions were therefore set aside.

Reviewed 18 August 2010