Edition: U.S. | Arabic | Set Pref
April 15, 2008
Posted: 1559 GMT

LONDON, England – I have been to the High Court in London many times over the last two decades: I have seen Richard Branson win the “Dirty Tricks” suit against British Airways, I have seen George Michael lose a contract dispute with Sony, I have seen the Beatles’ Apple Records lose to Steve Jobs’ Apple (that was the one and only time I laid eyes on the Beatles’ legendary and now late confidant Neil Aspinall). I have even been there for the adoption of my two sons.

Star Wars prop designer Andrew Ainsworth.
Star Wars prop designer Andrew Ainsworth.

But the current civil trial in Court 52 pitting a costume maker against the mighty “Star Wars” empire of George lucas is most unusual.

When the hearing began last week, I counted on the front bench a dozen “Star Wars” helmets and off to the side two mannequins, one dressed as a full sized storm trooper. Some were originals taken from the Lucasfilm Archives in Marin County, California.

Sitting before them was the judge dressed formally with his gray wig (wonderfully known in court as “Mr. Justice Mann” — sounds like a cartoon character) and two barristers also donning their gray wigs. That is not unusual in Britain of course, but as the opening statements included references to tusken raiders, storm troopers, even characters some of my favourite cartoons, I knew this was going to be different. And if I was a real “Star Wars” fanatic, I would see this as a once in a lifetime opportunity. After all, the Lucas side was flying in three Academy Awarding winning production designers to testify. The two sides even spent 10 minutes on the first day debating with the judge about how many breathing holes can be seen in the first drawings of helmets. After the judge left at the end of the first day, there was then a spat over which helmets should be labeled and displayed for the judge. The issue being the shape of a mohawk on the back of one helmet that I don’t even remember from the films.

The case is self is serious for one man. Andrew Ainsworth, of Shepperton Design Studios, made the original helmets for the first film back in 1977. He started to make replica helmets in 2004 from the original mould which sat in the basement of his west London studio for nearly 30 years. His Web site, sdsprops.com, offers replica helmets for up to $1,000.

Lucasfilm accuses him of violating its copyright. Its lawyer said in his opening argument that Ainsworth manufactured the helmets based on detailed drawings and paintings sent to him through a costume designer. Ainsworth says he made sufficient and unique changes to the original design so that he should own the copyright.

The Lucasfilm barrister made the point that all these bits in front of him were more than movie props. “There are no helmets, there is no armour.” His point: this was intellectual property.

Mr. Justice Mann, the same judge who ruled in favour of Apple Computers (he had to confess in that case he owned an iPod — he has not disclosed while I was there whether he was a “Star Wars” fan), will have to decide who owns the rights to the helmets.

Ainsworth wants a slice of the $12 billion Lucas has made just from the products sold around the six films. The question is, do freelance workers on projects retain the rights to their work, if there is no contract (as is the case here)?

This is Ainsworth’s last chance really to tilt at the Lucas empire. He’s already lost this case before a California judge in 2006 and he nearly went broke defending himself then. His London lawyers are working on a no-win-no-fee basis. Not a problem for Lucas of course.

 

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Cynthia B   April 15th, 2008 2235 GMT

I assume Ainsworth was paid to do the that he was employed to do - design costumes - it seems to me he can’t have it both ways (get paid to design then claim that the designs are his). If George paid him - and I assume that was the agreement - then they belong to George.

TedinAsia   April 22nd, 2008 500 GMT

A difficult decision for Mr. Mann.

As the owner of a design firm in Tokyo, I have to strongly agree with Mr. Ainsworth on the merits of his case (only).

If there was no contract, then how can Mr. Lucas show exactly what Ainsworth was hired for ? To design helmets & manufacture them ? or to manufacture prop helmets based on the clients designs ?

Most all design firms retain the rights to their design work unless otherwise stated in “The Contract”. No contract, no claim… No claim, no case.

I do not agree however, with Mr. Ainsworth’s intent to sell copies of the helmet, while I believe he has the legal right to do so, I think most designers would agree that it is not ethical.

Mark Richards   May 9th, 2008 1446 GMT

Cynthia- It doesn’t quite work like that- even in the US. I might get paid to write a piece of software- I get one fee if I can resell the software to other companies, I get a much larger fee if the company gets all the rights to the software.

Things get more complicated in the absence of a written contract. There might be an implied contract. Such a contract is “founded upon a meeting of the minds.” If one side understood the contract one way, and the other side another way- then there was no understanding and no contract.

George Lucas was a fool to have this designed without a written contract giving him the rights to the design. What Mr. Ainsworth is doing might not be ethical- but it isn’t illegal.

someone in the know   July 8th, 2008 2119 GMT

Ainsworth did not design or sculpt anything - he simply vacuum formed the helmets and armour.

A team of very talented artists employed by Lucasfilm did the designing and sculpting.

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