Imagine the scene:  You are in a distinctly non-space age courtroom in London. The judge and lawyers are in robes and wigs...and standing in the midst of the court is a 6-foot tall, helmeted warrior of the evil Galactic Empire, familiar to anyone who has seen a Star Wars film.

No, this is not a new method of dispensing justice but a dispute about what Lucasfilm attorney Michael Bloch called "one of the most iconic images in modern culture."
Lucasfilm won a $20 million judgment against Andrew Ainsworth, a prop designer, in a California court in 2006, and is seeking to have it enforced here.

Mr Ainsworth sculpted the Stormtrooper helmets for the first "Star Wars" movie in 1977. London-based Ainsworth sells replicas of the helmets and armour on his website and says that they are made from the original moulds. They sell for up to £1,000.

Lucasfilm claims violation of trade marks and copyright but Ainsworth is countersuing, claiming that he owns the copyright. He is seeking to share the merchandising revenue from the six "Star Wars" films, estimated at a massive £12 billion by his lawyers. Lucasfilm claims that the design of the Stormtroopers was created by Lucas and his artistic team, and the designs were already in place when Mr Ainsworth was engaged to create the helmets.

Whatever the facts and outcome, the case is a timely reminder to make sure that clear contracts are in place with designers and contractors to avoid protracted court proceedings as a well drafted contract will be clear about ownership of intellectual property and, just as importantly, ownership, use or destruction of moulds and tooling created by contractors.

07 May 2008

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