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Shepperton Design Studios is an England-based manufacturer of ''
Star Wars ''Star Wars'' is an American epic film, epic space opera multimedia franchise created by George Lucas, which began with the Star Wars (film), eponymous 1977 film and quickly became a worldwide popular culture, pop-culture Cultural impact of S ...
'' replica props and memorabilia that was sued by
Lucasfilm Lucasfilm Ltd. LLC is an American film and television production company and a subsidiary of Walt Disney Studios, which is a business segment of The Walt Disney Company. The studio is best known for creating and producing the ''Star Wars'' and ' ...
for
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...
. This manufacturer made authentic
Star Wars ''Star Wars'' is an American epic film, epic space opera multimedia franchise created by George Lucas, which began with the Star Wars (film), eponymous 1977 film and quickly became a worldwide popular culture, pop-culture Cultural impact of S ...
replica props and memorabilia, based in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
. The company was founded by Andrew Ainsworth, who was asked in January 1976 to manufacture first the helmets, then the body armour for the
Imperial stormtrooper Stormtrooper are soldiers in the fictional ''Star Wars'' franchise created by George Lucas. Introduced in '' Star Wars: A New Hope'' (1977), the stormtroopers are the shock troops/ space marines of the autocratic Galactic Empire, under the ...
s (based on pre-existing sculpts from
Liz Moore Elizabeth Moore (15 September 1944 – 13 August 1976) was a British sculptor, known for working in the props for various films. Biography Some of Moore's best-known credits include '' 2001: A Space Odyssey'' (1968), ''A Clockwork Orange'' ...
and Brian Muir) in the classic ''Star Wars'' films.


Copyright dispute with Lucasfilm

In 2004, Shepperton Design Studios claimed to have discovered in their possession one of the moulds used to create the original helmets, and began production of new replicas from them. In 2006,
Lucasfilm Lucasfilm Ltd. LLC is an American film and television production company and a subsidiary of Walt Disney Studios, which is a business segment of The Walt Disney Company. The studio is best known for creating and producing the ''Star Wars'' and ' ...
sued Shepperton Design Studios for infringing
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
and making false claims regarding the original status of the moulds they used. Ainsworth did not defend the case in the US, and the
United States District Court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
for the
Central District of California The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a Federal trial court that serves over 19 million people in Southern and Central California, m ...
gave summary judgement in favour of Lucasfilm, awarding a
USD The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
$20 million compensation. To ensure the decision was enforced in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, Lucasfilm also took the case to the
High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
. Ainsworth's legal team argued that the stormtrooper helmet was a piece of
industrial design Industrial design is a process of design applied to physical Product (business), products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in advan ...
rather than a work of art, and as such was not under Lucasfilm's copyright. In addition, they claimed that Ainsworth was not under a formal contract with Lucasfilm when assigned to produce the helmets, and that copyright in the design was vested in him, stating that SDS would counterclaim for a percentage of merchandising profits. The legal proceedings in the English High Court began on 8 April 2008 and continued for three weeks, with Lucasfilm represented by Michael Bloch QC. Mr Justice Mann subsequently handed down a lengthy written judgement on 31 July 2008, in which he found that while Ainsworth had infringed the US copyright, he rejected both Lucasfilm's claim for copyright infringement under English law, and its claim to enforce the judgement it had obtained in California. He also rejected Ainsworth's claim to own the copyright as "neither accurate nor reliable", and that Ainsworth was not the original creator of the helmets. However, he did find that Lucasfilm could enforce a claim in the English courts for copyright infringement under US law. Argument as to Mr Ainsworth's liability under US copyright law was deferred to a subsequent hearing, pending also applications by both parties to appeal. In July 2011, the British Supreme Court ruled that the Stormtrooper helmet was an industrial prop, and not a copyrighted sculpture. This shortened the design protection in the UK to 15 years from the date of first being marketed. However, they issued an associated ruling in which they agreed Lucasfilm's copyright had been infringed in the US, and those infringements were enforceable in Britain.


References


External links


Lucas loses Star Wars copyright case at Supreme Court

Shepperton Design Studios official website



Text of the California civil docket in the Lucasfilm vs SDS case

Text of the judgement from in the July 2011 hearing
{{Star Wars Star Wars merchandise