01 May 2008
JHP Ltd v BBC Worldwide Ltd [2008] EWHC 757 (Ch), [2008] All ER (D) 229 (Apr)
In a claim for copying, a sufficient degree of similarity may be established not simply by direct copying but also by “altered copying”. If copying is established, that copying will only amount to an infringement of copyright in the relevant work if what has been taken comprises a substantial part of that work (when assessed in relation to that work as a whole); that is always a question of fact and degree and involves an assessment of the importance (in terms of quantity and/or quality) of the copied part to the recognition and appreciation of the copyright work (Mr Justice Norris at para 28).
