Reference no: EM133638322
Case: Colin Dexter is a famous author of Inspector Morse detective novels. Many of the events in these novels take place in Oxford and the crime is always linked to the academic community. The protagonist of the Inspector Morse series of novels is a bright, highly educated Inspector of Police. Inspector Morse likes to drink, has a penchant for classical music (in particular, Wagner), and is somewhat tragic in his relationships. Inspector Morse also seems to be somewhat frustrated about the fact that he has never made it further in the police hierarchy. On the other hand, he behaves as though he lacks ambition and struggles with diplomatic skills, because of which, he has very few friends in high places.
Other characteristics of Inspector Morse are that he is rather difficult to work with and that very often he follows the wrong leads. He has a very erudite knowledge of poetry and in the novels, he often quotes from poems during a philosophical reflection upon his own life and/or the crime which needs to be solved. The central theme is in most cases the rather unpleasant world of Oxford students and academics, with fierce and often ruthless competition topped with a sauce of envy. Alternatively, the upper-class problems of boredom and marital unfaithfulness also form a central theme. Plots are very unpredictable and are filled with false leads and red herrings.
Brenda North is an up-and-coming author of detective novels. The central figure in her novels is a somewhat frustrated female inspector, Inspector Gina, who has problems communicating properly with her colleagues. Her frustration stems predominantly from the fact that she has not been promoted and is not making it up in the hierarchy despite her police skills. Her attitude has not made her many friends within the police force. She is also a somewhat tragic figure as she does not seem to be able to have long-lasting personal relationships, because of which, she takes antidepressant pills. Her mental state leads her to read a lot of poetry, from which she often quotes during her investigations. A central theme in her novels is the academic world of Cambridge, where all crimes take place. Most of these crime cases are fed by intolerable competition between academics and/or students, and love affairs between academics and their respective partners, if not with students.
Colin Dexter and his publishers are not pleased and sue Brenda North and the publishers on the basis that she has infringed the reproduction rights. They claim that she uses similar themes and plots, the characteristics of both inspectors show too many similarities to be a coincidence, and she even uses the same poems in her novels.
Brenda North defends herself by saying that there are no identical words or sentences used in her novels, and where she uses the very same poems, she often quotes other parts of the same poem. She argues that the themes are not identical as the central location in her novels is Cambridge and not Oxford.
Has there been a substantial copying from Colin Dexter's novels?
Is there copyright infringement of copyrights and give arguments for your answer. You will also have to describe all the steps in your reasoning as to why there is (no) infringement and apply the appropriate case law if any.