||All England Reporter
|| All ER (D) 172 (Jul)
|| EWHC 1487 (Ch)
Christopher Floyd QC sitting as a deputy judge of the High Court
||Daniel Alexander QC and David Wilkinson (instructed by Bristows) for the claimant.
||Alastair Wilson QC and Jonathan Turner (instructed by Taylors) for the defendants.
||14 July 2005
Copyright - Assignment - Licence - Computer management information system - Nature of claimant's rights - Whether contract having implied term as to assignment of copyright or exclusivity of licence - Whether such term necessary to give business efficacy to contract.
It was well recognised that where a party used the services of an independent contractor to perform work which involved the creation of a copyright work, the circumstances might be such that there would be implied into the contract an agreement that the contractor would in due course assign the copyright so created to the client. Where the circumstances did not justify such an implication, the law might nevertheless require the implication of a licence, whether exclusive or otherwise, and on such terms as might be necessary to give business efficacy to the contract.
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