A prop designer who made the original Stormtrooper helmet for the Star Wars movies has won his legal dispute with Lucasfilm and has had the green light to sell replicas of the helmet.

The filmmaker argued that it owned the copyright in the design drawings for the Stormtrooper outfits and that by making and selling replicas Mr Ainsworth had infringed their copyright. r Ainsworth contested that in some cases, a design should not be governed by copyright because it was a ‘functional’ and not an ‘artistic’ design. He further argued that even if the designs were 'design documents', once they were manufactured, unregistered design right and not copyright law would kick in.

The key issue was whether or not the Stormtrooper helmet could be classed as a “sculpture” and protected by copyright. Lucasfilms claimed that the design was entirely created for an artistic purpose and was designed to appear in the Star Wars films. The Supreme Court unanimously rejected the arguments by Lucasfilm and agreed that the helmet was functional as an “element in the process of production of the film”. This means it was only protected by a design right, which had then expired.

This case has potentially far reaching implications and it is clear that it will “muddy the water” in determining whether a design is an artistic work and protected under Copyright Law or has a functional purpose and is protected as a design. It will be interesting to see how the Court interpret this Judgment in light of future disputes over the design drawings for buildings and other designs which clearly have an element of artistic works as well as functionality.

For pragmatic, cost-effective advice on copyright, design right or any aspect of intellectual property law, contact Withy King’s Technology & Media team on 01225 425731 or email karen.thomas@withyking.co.uk

P.S. Ideally this article would be accompanied by a picture of the stormtrooper helmet but it is protected by copyright.