The son of the author who created hit sitcom Solely Fools And Horses has instructed a choose he’s operating out of house to retailer merchandise.
Jim Sullivan, 43, son of John Sullivan, instructed Decide John Kimbell he didn’t know “what to do with it”.
Mr Sullivan was giving proof in a Excessive Court docket copyright combat with the operators of an “interactive theatrical eating expertise”.
An organization arrange by his father, who died in 2011, has taken authorized motion towards Solely Fools the Eating Expertise.
Shazam Productions alleges that the Solely Fools The (snug) Eating Expertise present infringes copyright within the sitcom scripts and in “every of the central characters”, and that advertising of the present has concerned “passing off”.
My concern all the time is to keep away from confusion. My concern is the longer term
Jim Sullivan
Attorneys representing the eating expertise dispute Shazam’s claims and are combating the case.
Decide Kimbell is contemplating arguments at a Excessive Court docket listening to in London as a consequence of finish later this week.
Mr Sullivan, a director of Shazam, stated his job was to handle his father’s work and generate revenue for the household.
The choose was proven images of merchandise and instructed of preparations between Shazam and the BBC.
“I’m operating out of house to retailer it,” Mr Sullivan, who was three when the sitcom was first broadcast in 1981, instructed the choose.
“I don’t know what to do with it.”
He additionally gave some perception into his father’s work, saying his intention had been to jot down for a reside viewers.
Mr Sullivan, who gave proof by video hyperlink, stated music featured within the sitcom was additionally necessary to his father and added: “He selected just about each tune within the sequence.”
He stated he had been concerned within the creation of an Solely Fools And Horses musical, and the eating expertise was not “so completely different”.
Tom Bennett and Paul Whitehouse in a musical model of Solely Fools And Horses (Trevor Leighton/PME/PA)
(PA Media)
“My concern all the time is to keep away from confusion,” he instructed the choose. “My concern is the longer term.”
The choose has heard that the eating expertise present is a “part-scripted, part-improvised” dramatic efficiency that includes central characters from the sitcom, together with Del Boy, Rodney, Uncle Albert, Marlene, Cassandra, Boycie, Set off and DCI Roy Slater.
Attorneys representing Shazam say the characters have the “distinctive character traits conceived by John Sullivan” and used their “signature phrases and methods of talking”.
They are saying the choose should take into account whether or not sitcom scripts and the character Del Boy are “literary” and “dramatic” works.
The operators of the eating expertise present contend that their use of the characters and supplies from the sitcom doesn’t quantity to materials that might be protected by copyright.
They deny “passing off” on the “footing” that their present wouldn’t be seen as related with the house owners of the mental property within the sitcom, however as an unofficial tribute present – and query whether or not whether or not Shazam, somewhat than the BBC, owns goodwill hooked up to the title Solely Fools And Horses.
Australian Alison Pollard-Mansergh, who owned the eating expertise, instructed the choose her intention was to permit folks to work together with the characters in a “new surroundings”.
She stated she had “binge-watched” the primary two sequence of the sitcom and added: “I actually didn’t get pleasure from sequence one and two – and didn’t wish to watch any extra.”
The choose heard that she had arrange an analogous Fawlty Towers eating expertise.
Carl Steele, a solicitor at legislation agency Ashfords, which represents Shazam, stated exterior court docket that the choose’s ruling may make clear copyright legislation.
Kaynak: briturkish.com
