Designers Guild Ltd v Russell Williams (Textiles) Ltd
[2000] 1 WLR 2416
Ratio Decidendi
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.
Facts
The claimant designed a fabric featuring painted stripes and flowers. The defendant produced a fabric with a similar design. The claimant alleged copyright infringement.
Judgment Summary
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.
Key Quotes
"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
Subsequent Treatment
Leading authority on the qualitative approach to substantiality in copyright infringement.