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Old 16th February 2021, 09:29
NeilF355 NeilF355 is offline
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Originally Posted by Mister Towed View Post
The "it's a work of art" argument should backfire on JLR as the rights to a work of art sit with the designer or their heirs if deceased, not the person or company who commissioned the piece.
The court documents detail a couple of paragraphs of legalese detailing how in their view JLR hold the copyright quote
"Malcom Sayer, William Lyons, William Heynes, Robert Knight and Tom Jones were employed by Jaguar Cars Limited between September 1950 and May 1951. It follows from appropriate legislation in the United Kingdom that Jaguar Cars Limited was the original holder of the copyright in Jaguar C-type.

If the Court were to rule that the question of who was the first copyright holder should be examined with the application of Swedish law, the author or authors, by his employment relationship with Jaguar Cars Limited, transferred the copyright to Jaguar C-type to Jaguar Cars Limited.

Even if Malcolm Sayer, William Lyons, William Heynes, Robert Knight or Tom Jones were not initially employed by Jaguar Cars Limited at the time of the creation of the Jaguar C-type, but were initially recruited as contractors to create the Jaguar C-type, the copyright has been transferred to Jaguar Cars Limited under agreement based on the parties' expectations and intentions, i.e. that a car company must obtain the exclusive right to the shape of the cars – since this is in the nature of the contract."

There then follows a history of the changes of ownership and rights of Jaguar Cars limited up to the present day Jaguar Land Rover Company.

It is interesting that there are no legal contracts or documents to support the above suppositions in any of the court hearing documents.
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