LawClanger Link

[major_clanger]

And it's going to be a Trilogy - I discuss the news that the Knockoff Stormtrooper Helmet Case is heading all the way to the Supreme Court.

Comments

[multiclassgeek.livejournal.com]

If the Supreme Court find that the US ruling is enforceable here, will that lead to Copyright Tourism, with companies getting American court rulings to shut people/companies down over here?

[major-clanger.livejournal.com]

Not exactly. A US rights-holder can already sue in a US court - that's what Lucasfilm originally did- but the problem is collecting damages. You can't extradite someone over a civil dispute, and although there are some international treaties about enforcing a judgment from one country in another it is usually difficult to do so. What could happen is that it might become possible for a copyright infringement in the US to be sued on here in England, but under US law.

Why is this important? After all, a US rights-holder can often sue over here regarding a copyright infringement anyway. But (and I'm simplifying here) that requires that the infringement have taken place here, and the case will be tried under English copyright law. If the Supreme Court rules in favour of Lucasfilm, then two consequences might follow:

- An English defendant who has allegedly infringed copyright in the US could be sued here in England, meaning that damages would be much easier to enforce.

- The case might well be heard applying US copyright law, which in some areas is more wide-ranging than English copyright law. (For instance, there is no doubt that the Stormtrooper helmets were protected by copyright in California.)

It wouldn't, I think, cause a tidal wave of litigation. But it might mean some cases would be brought that otherwise wouldn't.

[ffutures.livejournal.com]

This just gets more and more entertaining - looking forward to the next instalment.