Sprint Electric Ltd v Buyer's Dream Ltd and another; Potamianos v Prescott and another

Copyright – Infringement. On the facts, the true relationship between the claimant company (SEL) and second defendant programmer (Dr P), under a contract made in 1997, had been that of employer and employee and, as there had been no agreement to the contrary, SEL had been, and was, the owner of the copyright in the documents and the source code which had been authored by Dr P under the 1997 contract, in accordance with s 11(2) of the Copyright, Designs and Patents Act 1988. Accordingly, the Chancery Division allowed SEL's source code claim and dismissed the first defendant's counterclaim for infringement of copyright. Further, Dr P's unfair prejudice claim succeeded.

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