Langues appliquées - Anglais : Economie, gestion, droit, AES - 4e - 244

law

Instructions For Study
1. Turn to the definitions following the text Film Copyright Protection. They refer to the
specialist terms printed in bold type in the list of Useful words and concepts.
2. Use an English language dictionary to find the meanings (in context) of the other words in
the list.
3. Do the exercises to test your language skills.

Film Copyright Protection
Background to the appeal
The appeal raises two distinct legal issues:
(1) The definition of "sculpture" in the Copyright, Designs and Patents Act 1988, and, in particular,
the correct approach to three-dimensional objects that have both an artistic purpose and a utilitarian
function;
(2) Whether an English court may exercise jurisdiction in a claim against persons domiciled
in England for infringement of copyright committed outside the European Union in breach of the
copyright law of that country?
This appeal is concerned with intellectual property rights in various artefacts made for use in the
first Star Wars film, "Star Wars Episode IV - A New Hope". The most important was the Imperial
Stormtrooper helmet. It has been treated as decisive for the outcome of the case. As the trial judge
put it, "one of the most abiding images in the film was that of the Imperial Stormtroopers." The film's
storyline and characters were conceived by George Lucas. Between 1974 and 1976 his concept of
the Imperial Stormtroopers as threatening characters in "fascist white armoured suits" was given
visual expression in drawings and paintings by an artist, Mr Ralph McQuarrie, and eventually threedimensional form by Mr Andrew Ainsworth. He produced several prototype vacuum-moulded helmets.
Once Mr Lucas had approved the final version, Mr Ainsworth made 50 helmets for use in the film.
The Appellants (here referred to collectively as Lucasfilm) own copyrights in the artistic works
created for the Star Wars films. They have built up a successful licensing business, including licensing
models of Imperial Stormtroopers. In 2004 Mr Ainsworth used his original tools to make versions of
the Imperial Stormstrooper helmet and armour for sale to the public. He sold between $8,000 and
$30,000 of the goods in the United States. Lucasfilm obtained judgment against him in the United
States. It also commenced proceedings in the English High Court, including claims for infringement
of English copyright and claims under US copyright law.
By the time of the Supreme Court hearing, Lucasfilm claimed only that the helmets qualified for
copyright protection under English law as "sculptures" and not as "works of artistic craftsmanship".
In terms of section 4 of the Copyright Designs and Patents Act 1988, copyright subsists in, amongst
other things, original "artistic works", which includes a "sculpture", irrespective of artistic quality.
Whether a helmet was a "sculpture" is significant for two reasons. If it is, any copying of the helmets
which Mr Ainsworth had originally produced would infringe Lucasfilm's copyright. It is also relevant
for the defences which are available. To produce a helmet by working from a drawing of it infringes
copyright in the drawing. However, it is not an infringement of any copyright in a design document
which records a design for anything other than an artistic work to make an article to the design or to
copy an article made to the design: section 51 1988 Act. If the helmet did not qualify as sculpture,
and was therefore not an artistic work, Mr Ainsworth had a defence to an English copyright action
based on infringement of Mr McQuarrie's graphics.

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