Lucasfilm wins suit over SDS

[ghostryder]

http://news.yahoo.com/s/ap/20080731...oper_battle;_ylt=AhJyZ6N27hWhcwaEpdIZnFZxFb8C

 

[lonepigeon]

"The judge also rejected a claim against Ainsworth under British law, saying English copyright over the outfits had expired. Ainsworth's lawyer, Seamus Andrew, said the ruling meant that Ainsworth was now free to sell his replicas everywhere except the United States."

What?!
What kind of copyright protection is that?

Does that mean that anyone in Britain can bootleg Mickey Mouse because the character was created in 1928?

 

[darthgoat]

This sh|t is never going to end is it?

 

[patsmear]

Maybe I will start bootlegging Red Dwarf! Take that England!

Pat

 

[Lord Abaddon]

This sh|t is never going to end is it?

Nope. I think AA has now invented a perpetual argument machine! :lol

Lucasfilm Attack on the Clones Struck Down

(thelawyer.com) Litigation boutique SimmonsCooperAndrew has struck down film-maker George Lucas' galactic High Court battle over ownership of the IP rights to the stormtrooper helmets from the Star Wars films.

Justice Mann ruled that the English copyright for the helmets had expired, which means the movie mogul and LucasFilm does not have exclusive rights to replicate the helmets.

As The Lawyer revealed (7 April), SimmonsCooperAndrew was acting for British engineer Andrew Ainsworth, who produced the stormtrooper helmets and armour for the original 1977 Star Wars: A New Hope film, as well as Luke Skywalker's 'X-Wing' helmet.

Lucas had sued for $20m (£10.1m) after Ainsworth started selling replica stormtrooper helmets four years ago. In the US the movie-maker won a default judgment against the prop designer and Lucas sought to enforce $10m (£5m) of the ruling in the UK.

However Mann J refused to enforce the US decision. The judge held that Lucasfilms had adopted a "sledgehammer or steamroller approach" and went on to say "what is quite clear is that Lucas is determined to stop Mr Ainsworth by whatever legitimate legal means are open to it, including the threat of a $10m judgment hanging over him".

Lucas' legal team, led by Harbottle & Lewis, retained one concession, however, as the court ruled that Ainsworth, though permitted to sell replica helmets in the UK, he could not do so in the US. To Ainsworth this is worth £25,000 to £30,000 in sales.

SimmonCooperAndrew partner Seamus Andrew, who led the defence for Ainsworth, said the judgment has shown that David can bring down Goliath.

"This ruling means that it's now harder for film companies to prevent their prop designers one making money out of their own products," said Andrew. "It makes it harder for the film companies to tie up the IP so loosens up the industry."

The High Court's ruling that the copyright had expired meant Ainsworth counterclaim for a cut of profits made from Star Wars since 1977 was dismissed.

Andrew instructed lead counsel Alistair Wilson QC of Hogarth Chambers for Ainsworth. Harbottle & Lewis partner Mark Owen represents the Lucas parties, instructing Michael Bloch QC of Wilberforce Chambers as lead counsel.

Full Press: http://www.thelawyer.com/cgi-bin/item.cgi?id=134016&d=415&h=417&f=416

 

[ghostryder]

I'm sorry, did I read that right: AA asked for a cut of the profits from Star Wars?

 

[exoray]

"The judge also rejected a claim against Ainsworth under British law, saying English copyright over the outfits had expired. Ainsworth's lawyer, Seamus Andrew, said the ruling meant that Ainsworth was now free to sell his replicas everywhere except the United States."

I believe people are jumping to conclusions and assumptions because if what people are claiming is correct then ANY and all movie props over 10 years (if not registered) or 25 years if registered are open game in the UK regardless...

I DON'T believe that to be the case, the stormtrooper and other things are more then then physical builds they are copyrighted "likenesses"

The judge has invited them back to court for further arguments and I'm sure there will be, if not by LFL by other studios... If the conclusions are correct an example would be the BBC losing the rights to the Daleks and Cybermen...

 

[Hez]

And that one wasn't even out of the blue, either. GF ignored C&Ds.

My bad. Well, ignoring a C&D is not smart.

"The judge also rejected a claim against Ainsworth under British law, saying English copyright over the outfits had expired. Ainsworth's lawyer, Seamus Andrew, said the ruling meant that Ainsworth was now free to sell his replicas everywhere except the United States."

Awesome! Shortly to be available from me, everything from the OT! :lol

That's an incredible precedent set right there...I can see that being challenged by a few movie studios.

 

[Wickerness]

Its strange how strict Lucasfilm can be about certain things but not others... they come down hard on guys like these, but let a lot of other things go unnoticed (not choosing a side here, just an observation). You look at companies like DC Comics - they let NOTHING go by unlicensed, even the smallest, custom made items. I've heard the same thing about Disney, but have not witnessed it first hand. Then theres Lucasfilm - literally hundreds upon thousands of custom lightsabers, costumes, whatever are being sold on a daily basis, and go untouched. Maybe its just the sheer amount thats out there, and instead of trying to beat down on every one, just make an example of the better known guys...?

I wonder if some of this is because there are so many things in Star Wars that are found items. Where the helmets are definitely not found items.

 

[Emeldahay]

......, having a full blown website and having full blown booths at conventions promoting your goods is a whole different story then selling it online by the murmur of the wind...

interesting - TMP better watch out if his IRONMAN promo website is too good :eek

 

[Jumpin Jax]

interesting - TMP better watch out if his IRONMAN promo website is too good :eek

Not the worst idea I've heard....not sure how flexible Marvel is.

 

[Cenobyte]

Not the worst idea I've heard....not sure how flexible Marvel is.

I saw a few ironman costumes at SDCC. Wondering if any were his?

 

[spcglider@aol.com]

Very good point..........

also the damages owed how will this work out, i mean will AA physically have to pay LFL the money back i heard it was something like 20 million.

will AA then turn to the people who were involved with him to help share the payment of these damages he owes.

That would be a whole different set of lawsuits.

But I believe that the court has placed the onus on AA and his company (judging by the wording of the ruling) by naming him the primary defendant.

And all of this could have been avoided if he'd just gone through the licensing hoops. But as it's been discussed here ad-nauseam, LOTS of people have some very poor understanding of what property rights are all about.

I actually think it was pretty classy of Lucasfilm to make special note of the fandom and their hobby efforts versus someone who is specifically attempting to make a business profit from SW.

-Gordon

 

[niennumb1]

And how much did this lawsuit cost in Lawyer fees?

$19,999,999.50

.50 profit!

 

[Jumpin Jax]

And how much did this lawsuit cost in Lawyer fees?

$19,999,999.50

.50 profit!

Worth it:cool

 

[exoray]

And how much did this lawsuit cost in Lawyer fees?

$19,999,999.50

.50 profit!

In all honestly probably not one damn dime for LFL, standard corporate insurance almost always covers legal defense of IP ownership rights...

For AA on the other hand, I suspect in this round his attorney might have been doing it as a freebie hoping for a big payout if they won, but for the next round I don't believe AA will be so lucky...

 

[Gytheran]

It was only a matter of time...

 

[exoray]

I hear another hearing has already been scheduled for October, to discuss liability, court and lawyer cost in addition to the option for both parties to appeal...

 

[CSMacLaren]

Exoray,

Thanks so much for posting the Judgment. Do keep us posted on the outcome of the October hearings.

Your name is Flynn? Dude, how cool is that?

Greetings, program! :thumbsup