The Curious Case of Computer-Generated Works (CGW) in THJ Systems v Sheridan – City Law Forum

Posted April 17th, 2024 in appeals, computer programs, copyright, intellectual property, news by sally

‘In December 2023, the Court of Appeal decided THJ Systems v Sheridan [2023] EWCA Civ 1354 and in doing so, illustrated my point nicely. That case involved a software which generated visual ‘risk and pie charts’. A representative example appears below. Both Mr Mitchell (the software developer) and Mr Sheridan (the software user) claimed to own the resulting visual images under section 9(3). This argument appeared in both the re-re-re- amended particulars of the claim (para 38.2) and the re-re-amended defence (para 49). The approved list of issues for trial (question 25) also explicitly directed the courts to determine who the author of the works was under section 9(3). With that in mind, one might expect the judgments of the High Court and Court of Appeal to interpret and apply s9(3).’

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City Law Forum, 17th April 2024