JOURNAL ARTICLE
A case of smoke without fire: children's book author unsuccessful in dragon character copyright claim against department store chain John Lewis.
Published In: Journal of Intellectual Property Law & Practice, 2023, v. 18, n. 7. P. 477 1 of 3
Database: Legal Source 2 of 3
Authored By: Clark, Simon; Zahra, Rubab 3 of 3
Abstract
The article focuses on the UK copyright infringement case in which Fay Evans, a self-published author, alleged that John Lewis and its advertising agency adam&eveDDB copied her 2017 book *Fred The Fire-Sneezing Dragon* in their 2019 Christmas advertisement and related book *Excitable Edgar*. The High Court found no copying had occurred, as the defendants had independently developed their dragon-themed concept prior to Evans’s book and there was no evidence of actual access to her work. The judgment emphasized that copyright infringement requires proof of both copying and access, not merely similarity or possibility of access, and ordered Evans to publicize the court’s decision on her website and social media for six months due to her extensive publicity campaign. This case highlights the importance of thorough evidence in copyright claims and serves as a caution regarding publicizing unproven allegations against creative professionals.
Additional Information
- Source:Journal of Intellectual Property Law & Practice. 2023/07, Vol. 18, Issue 7, p477
- Document Type:Article
- Subject Area:Social Sciences and Humanities
- Publication Date:2023
- ISSN:17471532
- DOI:10.1093/jiplp/jpad049
- Accession Number:164690266
- Copyright Statement:Copyright of Journal of Intellectual Property Law & Practice is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Looking to go deeper into this topic? Look for more articles on EBSCOhost.