Category: Quiz

Shazam Productions Limited v Only Fools The Dining Experience Limited and Others, 2022

30 October 2024 /

Shazam initiated legal action to stop the performance of an interactive dining show called “Only Fools The (cushty) Dining Experience.” This show featured Del Boy and other main characters from the comedy using their traits and backstories in an interactive pub quiz format. The defendants did not seek Shazam’s approval, leading to a lawsuit for copyright infringement and passing off, as many people might have believed the show was an authorised spin-off.

The claimant, Shazam, was a company owned by the family of John Sullivan (d.2011), the creator and writer of the award-winning British TV sitcom “Only Fools and Horses” (1980s and 1990s).

The defendants argued that their use was fair dealing, particularly for parody and pastiche.  Although this exception has been widely discussed, this case was the first time a UK court tested the defence.

Ibbetson, S and Ryan, M. (2022). Why do only fools and horses write original material? UK court finds copyright infringement of ‘Del Boy’ character. Kluwer Copyright Blog. Available from here.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Test your knowledge of copyright exceptions and ‘fair dealing’

26 February 2024 /

You usually need permission or a licence to use copyright-protected materials (e.g. text, images, video). However, for specific purposes in the UK, you may also be able to rely on ‘copyright exceptions’ as defined in UK legislation.

Disclaimer: This quiz is for educational purposes only, to help you understand copyright exceptions and direct you to further resources. Your answers will not be used for any purpose, and your personal data will not be collected.

With permission from Christina Daouti from UCL

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Using a photo for educational purposes

28 January 2022 /

Merano v. The Metropolitan Museum of Art is a copyright case in the United States. Please note that the judgment falls under a legal jurisdiction other than the UK.

In 1982, the photographer Lawrence Marano shot an image of Eddie Van Halen in concert.

The Metropolitan Museum of Art used the image in an online catalogue for the 2019 exhibition “Play It Loud: Instruments of Rock and Roll,” which featured the late musician’s famous “Frankenstein” guitar.

Marano sued the museum for copyright infringement, arguing that he never granted permission for the photograph to be used. 

What do you think was the judgement?

Read the whole piece in this online article.

Dafoe, T. (2021). “The Met wins a case against a photographer who claims it posted his image of Eddie Van Halen online without permission”. [online]. ArtNet. 5 April 2021. available from https://news.artnet.com/art-world/metropolitan-museum-of-art-copyright-van-halen-1957058 [accessed on 28 January 2022].

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Using work as an inspiration – 2

28 January 2022 /

Cariou v. Prince, 2013

Cariou v. Prince is a copyright case in the United States on whether Richard Prince’s appropriation of art treatment of Patrick Cariou’s photograph was a copyright infringement or fair use.

Please note that the judgment falls under a legal jurisdiction other than the UK.

Prince copied several of Cariou’s original photographs and engaged in various transformations, including printing them, increasing their size, blurring or sharpening, adding content (sometimes in colour), and sometimes compositing multiple photographs together or with other works.

Cariou's original black and white photograph of a Rastafarian man standing on greenery is juxtaposed to the Prince's creation where the same man has some face features coloured in blue and holds an electric guitar that is also coloured blue

What do you think was the judgement?

Continue to read the article on this page on Wikipedia.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Using work as an inspiration – 1

28 January 2022 /

Rogers v. Koons, 1992

Rogers v. Koons was a copyright case in the United States dealing with the fair use defence for parody. Please note that the judgment falls under a legal jurisdiction other than the UK.

Jeff Koon made a sculpture based on one of Art Rogers’ photographs. It was for an art show on the banality of everyday items.

After removing the copyright label from a postcard of Art Rogers’ photograph, he gave it to his assistants with instructions on how to model the sculpture. He asked that as much detail be copied as possible, though the puppies were to be made blue, their noses exaggerated, and flowers to be added to the hair of the man and woman.

Roger's original black and white photograph portrays a young woman sitting beside an older man, together holding eight puppies on their laps. The juxtaposed image depicts Koon's creation of a 3D-coloured representation of the original photograph

What do you think was the judgement?

Continue to read the article on this page on Wikipedia.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

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