Commentary

216 Licence or assignment of copyright?

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

216 Licence or assignment of copyright?

| Commentary

216 Licence or assignment of copyright?

In JHP Ltd v BBC Worldwide Ltd and another1, which concerned books about the Dalek characters from the Doctor Who television series, the court was asked to consider whether a publishing agreement constituted a licence or an assignment of copyright. The court held that it was a limited exclusive licence to publish the text of the book in question, and was influenced by these factors:

  1. 216.1

        that the agreement used the word ‘grant’ rather than ‘assign’ or ‘transfer’, the description ‘exclusive’, and the specific reference to ‘the right to publish... in

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