Andrew Ainsworth, a prop designer who worked on the original 1977 Star Wars film designing props for the George Lucas production has been found not guilty for selling his own line of Star Wars replicas online and from his London store by the British High Court. The court stated that Ainsworth didn’t violate any British copyright laws.
However, the designer isn’t totally off the hook. The court did find that he and his studio, called Shepperton Design Studios, did violate U.S. intellectual property rights law. This means that although Ainsworth can sell his Star Wars creations anywhere in the U.K., he has been forbidden to do so within the boundaries of the United States or any of its protectorates.
Ainsworth has held firm on his statement that all his props are “made from the original molds” he used when he worked for Lucas on the film and are his personal property.
The case now goes up for appeal this coming October from either party.
bob says
Unbelievable. So copying is just fine in England. Their patent and copyright laws are as insane as one s in the US of A.
I mean because he owns his own molds the final product is not a copyright infringement? So anyone can make a mold, litho print plate and such manufacturing devices, so that the end results are not illegal or involation. This is a crazy judgement. So lets start cranking out the fake goods. Forget Asia for making knockoffs, England is now the new pirate site.
Sam says
The difference in this case is Ainsworth was hired by LucasFilms back in the 70’s to make the props from molds that he himself had created, so they are his property according to this court ruling in the U.K. Not so in the U.S. where the law states that the molds and any product coming out of them are the property of Lucas and company since he hired Ainsworth and all properties developed for a Lucas creation are a product of the owner of that creation ie. George Lucas.
This ruling doesn’t give anyone license to go out create anything based on another’s creation or copyrighted idea and sell it as their own.
For example: I knew the man that created the original computer punch cards. He did so for the company he worked for. His company sold the idea and rights over to IBM. The man who actually developed the cards got a nice pat on the back but nothing more because the property (idea) was owned by the company he worked for, not the man who actually did the work. This case with the molds is a similar situation, at least as for as U.S. law is concerned.
bob says
So in England, if I purchase the original molds, litho plates, dies and etc. I can start manufacturing those products again? Or if someone buy the original plant and equipment in which a product was made, I can start the assembly line for that original product and call it such? This British ruling is still wierd. Since they are part of the EU, they can sell the “original” product in that big market. Bad precedent.
Greg says
No Bob, but if you *create* a piece of art then this ruling seems to hold that you can use it for your own – within the bounds of copyright law, which excludes the ability to sell the things within the US, where LucasArts resides.
bob says
The mold is the “art” but filling it and the resulting product….is sold to others….
His “own” use, akin for me of making backups is fine. However if I begin to sell them…..
Oh well, Sam and Greg, I am just not a lawyer. If ever I hire someone to do a task on an idea on my behalf, I will make sure I get every scrap of material from the endeavour back. Every artist/designer eventually have to use helpers or associates especially on huge projects…
Oh well…everyone take souvenirs or omit returning something from a major task, strictly as a keepsake….
I wonder if Star Wars was not successful would he had bothered to have kept this material. IP and copyright…who knows the difference anymore….ownership lost because one person can not do everything and the hired helps who made molds takes the ownership…
Okay fine.