Football Association Premier League Ltd As Well As Others 5 Panini Uk Ltd

“INCIDENTAL INCLUSION” COPYRIGHT INFRINGEMENT DECISION UPHELD

Last Fri inward Football Association Premier League Ltd as well as others v Panini Great Britain Ltd [2003] EWCA Civ 995 the Court of Appeal for England as well as Wales dismissed Panini’s appeal against a ruling that it had infringed the claimants’ artistic copyright. Panini sold unofficial football game sticker albums together amongst photos of footballers from the Premier League clubs. Almost every histrion was depicted wearing a football game shirt which featured thes logo of his lodge as well as of the Premier League. The League, acting on behalf of the clubs, had previously granted to Panini’s competition Topps the exclusive rights to purpose as well as reproduce the official squad logos inward its official Premier League sticker collection.
The League, Topps and the clubs sued Panini for infringement of artistic copyright inward their logos as well as sought an injunction. Panini denied infringement, tilt that the inclusion of the logos inward its photos was “incidental” as well as that the incidental inclusion of a copyright live on inward about other live on was non an infringement nether the Copyright, Designs as well as Patents Act 1988, department 31. The trial gauge held that the purpose of the logos inward the sticker photographs was non incidental: that give-and-take meant “casual or of secondary importance” piece the inclusion of the logos was non “incidental” since it showed that the players’ photos were current.
The Court of Appeal dismissed Panini’s appeal. In its persuasion the interrogation was non ane of what mightiness bring been inward the hear of the lensman when he took the photos only what were the circumstances inward which the photos were created. To examination whether the purpose of ane live on inward about other was incidental ane should enquire why the ane had been included inward the other, considering commercial every bit good artistic reasons. Applying that examination it was clear that the purpose was non incidental. The Court added that the sticker albums themselves were in all likelihood literary industrial plant as well as non artistic industrial plant to which the “incidental inclusion” defense strength could apply.