Designers Guild Ltd v Russell Williams (Textiles) Ltd

Whether copying amounts to the reproduction of a substantial part of a work depends on the quality, not the quantity, of what was taken, and the court looks at what was copied from the claimant's work.

Citation
[2000] 1 WLR 2416
Court
House of Lords
Year
2000
Subject
Intellectual Property Law
Topic
Copyright: infringement and defences

Facts

Designers Guild produced a fabric design called Ixia, consisting of stripes with scattered flowers and leaves, painted in an impressionistic style. Russell Williams produced a design called Marguerite, which had a similar combination of stripes and flowers. The trial judge found that Russell Williams had copied the Ixia design, and that it had copied a substantial part of it. The Court of Appeal reversed the finding of substantiality, by comparing the two designs side by side.

Legal principle

The House of Lords restored the trial judge's decision. Lord Hoffmann said that, once copying is established, the question of whether a substantial part has been taken depends on the importance of what was copied to the claimant's work, not on whether the defendant's work looks similar overall. The judge had found that the defendant had copied the combination of stripes and flowers and the technique by which they were painted, which was an important part of the Ixia design. Lord Millett said that the court must first identify the features which the defendant has copied, and then ask whether they form a substantial part of the claimant's work.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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