[Infowarrior] - OT: Lucasfilm loses UK copyright case over Stormtrooper helmet

[Richard Forno]

Propmaker strikes back in Star Wars stormtrooper battle
Paul Cheston and Natasha Nischal
16.12.09
http://www.thisislondon.co.uk/standard/article-23784727-propmaker-strikes-back-in-star-wars-stormtrooper-battle.do
A propmaker today won in the Appeal Court in his Star Wars battle with  
Hollywood giant Lucasfilm.

Three senior judges ruled unanimously that Andrew Ainsworth, who made  
the original stormtrooper helmets, had not breached UK copyright laws.

They rejected claims by Star Wars creator George Lucas that the  
helmets were sculptures and thereby breached his copyright. Lord  
Justice Jacob, sitting with Lords Justices Rix and Patten, ruled there  
was no copyright in any sculpture.

Today's judgment could cost the Hollywood billionaire £500,000 in  
legal costs but the final decision on who picks up the bill has still  
to be made.

The ruling was handed down to an empty courtroom, in stark contrast to  
the scenes last year when the High Court was packed with life-size  
figures of the intergalatic clones, their helmets and assorted gadgets.

The judges backed the findings of Mr Justice Edward Mann that Mr  
Ainsworth did not own the copyright in the helmets and that Lucasfilm  
could not enforce its US judgment here.

Lucasfilm brought the case after winning £10 million damages in  
America for copyright and trademark infringement and unfair competition.

It took its legal action to London in an attempt to protect the £6  
billion worldwide merchandising sales from Star Wars since 1977.

Mr Ainsworth had been paid £35 each for 50 helmets for the original  
film. It was not until 2004 when he found one of the original helmets  
in a cupboard at his home that he sold it to a collector.

He began making stormtrooper outfits and selling them through his  
company, Shepperton Design Studios, for up to £1,800 each.

Today Lord Justice Jacob pointed out that Mr Ainsworth, of Twickenham,  
had achieved only a “modicum” of sales in the US so there would be  
“no financial remedy” for compensation.

However the judge warned Mr Ainsworth that if he was to “seek any  
further selling into the US,” he would be in breach of copyright laws.