Abstract: The claimants (H and J) brought proceedings against the defendant screen writer and his company (X and N) for copyright infringement.
H was disabled and, with J's help, had written an autobiography of his life as a football fan, his relationship with his family and his experiences. The book was published and H and J later entered into a licence agreement with a film company (S) for it to produce a script or screenplay which H and J alleged was based on the book. However, according to H and J that licence lapsed. X became involved with H as part of a project to make a film based on H's life and X was given, at least, a copy of the book and S's script. X produced a script in which N was stated as being the copyright owner. H withdrew his permission for X to use an adaptation of the book. X alleged that he did not need H's permission to exploit the script as it was not an adaptation of the book, it was based on his own creative input and conversations with H. The court considered (i) whether H's book had been copied; (ii) if so, whether what had been used represented a substantial part of the book.