- 12 A
B
A
48.
Particulars of copyright subsistence and ownership of the
B
works have been provided at paras 5 to 12 of the ASC.
C
D
C
49.
The 3rd, 5th and 6th affidavits of Elms have been filed pursuant
D
to section 121 of the CO to facilitate the proof of subsistence and
E
E
ownership of copyright.
F
F
50.
G
H
The 7th affidavit of Elms was filed in support of the
amendment summons and also to correct some statements made in her
previous affidavits in respect of the Murano charms shown in Appendix B
G
H
and rows 1 and 2 of Appendix C to the ASC.
I
J
I
51.
Mr Clark submitted that on the evidence it may be the case
J
that P1 is the co-owner of the copyright in the Murano charms as explained
K
L
in the 7th affidavit of Elms. As a co-owner, P1 is entitled to bring an
action for infringement of copyright (Lauri v Renad [1892] 3 Ch 402;
K
L
Cala Homes (South) Ltd and others v Alfred McAlpine Homes East Ltd
M
M
[1995] FSR 818).
N
N
52.
O
P
In Cala Holmes it was held, inter alia, that where two or more
people collaborate in the creation of a work and each contributes a
significant part of the skill and labour protected by copyright, then they are
O
P
joint authors.
Q
R
Q
53.
Mr Hughes submitted that the copyright claim has completely
R
changed from a case based solely on graphic works namely, design
S
T
drawings at the ex parte stage to one now based both upon graphic works
and works of artistic craftsmanship.
I am unable to accept Mr Hughes’
S
T
submission. Paragraphs 11 and 12 of the 1st affidavit of Elms make it clear
U
U
V
V
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