면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Intellectual Property
House of Lords
2000

Designers Guild Ltd v Russell Williams (Textiles) Ltd

[2000] 1 WLR 2416

판결 이유

Copyright infringement requires proof that the defendant copied a substantial part of the claimant's work. Substantiality is assessed qualitatively, not merely quantitatively. The question is whether the copied features constitute an original intellectual creation.

사실관계

The claimant designed a fabric featuring painted stripes and flowers. The defendant produced a fabric with a similar design. The claimant alleged copyright infringement.

판결 요약

The House of Lords held there was copyright infringement. The similarities between the designs were sufficient to establish that a substantial part had been copied. Lord Millett emphasised the qualitative nature of the substantiality test.

주요 인용문

"The question is one of degree and is best addressed by asking whether a substantial part of the skill, labour and judgment which went into the creation of the copyright work has been appropriated."

Lord Millett

후속 처리

Good law

Leading authority on the qualitative approach to substantiality in copyright infringement.