Folens v O Dubhghaill and Another

JurisdictionIreland
Judgment Date15 May 1973
Date15 May 1973
Docket Number[1968. No. 230 P.]
CourtSupreme Court
(S.C.)
Folens
and
O Dubhghaill and Another

Flagrancy - Punitive damages - Whether remedy appropriate -Contract - Term - Author's later works to be covered by current contract - Whether term enforceable - Copyright Act, 1963 (No. 10), s. 22, sub-s. 4.

The plaintiff was the owner of the copyright in two history text-books for schools which had been written by the first defendant and published by the plaintiff. The two books had been produced under an agreement between the parties which stipulated, inter alia, that the first defendant's "future books" should go under the same terms as therein unless otherwise agreed. When the relevant history course for schools was changed, the first defendant wrote and the second defendant published a new history text-book designed to meet the requirements of the new course, which covered some periods of history that had been included in the old course. The new text-book contained a considerable quantity of material which had been copied from the two old text-books. At the trial of the plaintiffs action in the High Court, the judge decided that the damage which would otherwise have resulted from the infringement of the plaintiff's copyright had been almost completely avoided by the change in the history course, and the judge awarded the plaintiff £1 as nominal damages. However, the judge considered the infringement to have been a flagrant one and, being satisfied that effective relief would not otherwise be available, he awarded the plaintiff £250 as...

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2 cases
  • Universal City Studios Incorporated and Others v Gerard Mulligan (No. 3)
    • Ireland
    • High Court
    • May 18, 1999
    ...penal in nature and were awarded at the discretion of the court, were an appropriate extra remedy in this case. Folens v. Ó DubhghaillIR [1973] I.R. 255 applied. Universal City Studios Incorporated v. Mulligan (No. 3) Universal City Studios Incorporated, Walt Disney Productions Incorporated......
  • Universal City Studios Incorporated and Others v Mulligan
    • Ireland
    • High Court
    • May 18, 1999
    ...Citations: CLARK & SMYTH INTELLECTUAL PROPERTY LAW IN IRELAND 330 COLUMBIA PICTURES V ROBINSON 1988 FSR 531 FOLENS V O'DUBHGHAILL 1973 IR 255 Synopsis Damages Assessment of damages; additional damages; intellectual property; copyright; infringement of plaintiffs” copyrights in motion pictur......

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