ARTICLE · 26 FEBRUARY 2004

Who Owns the Copyright? Dealing with "Silent" Contracts

Barlow Lyde & Gilbert LLP

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In R. Griggs Group Limited and Others v Ross Evans and Others [2003] EWHC 2914 (Ch), a client was able to require an independent contractor to assign the legal ownership of copyright in a commissioned piece of work to it, even though there were no contractual provisions to this effect and notwithstanding the usual vesting of copyright in the "author", as per the Copyright Designs and Patents Act 1988.

United KingdomIntellectual Property

Article by Kit Burden and Duncan Pithouse

In R. Griggs Group Limited and Others v Ross Evans and Others [2003] EWHC 2914 (Ch), a client was able to require an independent contractor to assign the legal ownership of copyright in a commissioned piece of work to it, even though there were no contractual provisions to this effect and notwithstanding the usual vesting of copyright in the "author", as per the Copyright Designs and Patents Act 1988.

FACTS

Griggs are the UK manufacturers of the Dr Martens footwear range. They operate under licence from the inventors of the Dr Martens boots in Germany. They are licensed, accordingly, to use the trademark "Dr Martens". In addition, Griggs have their own trademark "AirWair" which they use in association with the Dr Martens trademark.

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