Only Fools and Horses firm sues creators of ‘cushty’ dining events

theguardian.com:

It’s just the sort of ersatz product that would have made Del Boy proud – but the makers of Only Fools and Horses are suing an unauthorised immersive theatre show based on the BBC sitcom for copyright infringement.

The case, which could redraw the limits of British law, pits a television production company founded by the sitcom’s late writer John Sullivan against the creators of Only Fools: The (Cushty) Dining Experience.

At these events, first run in 2018, paying customers enjoy drinks and a three-course meal while interacting with actors playing characters such as Del Boy, Rodney, Uncle Albert, Marlene, Cassandra, Boycie, Trigger and DCI Roy Slater.

The case being heard over three days at the high court this week hinges on who owns the copyright to the characters from a fictional work, and whether it is possible to in effect produce new Only Fools And Horses material without permission from the author of the original scripts.

Lawyers representing Shazam, the company set up by Sullivan prior to his death in 2011, told the court that the dining experience made extensive use of copyrighted material. They claim it exploits the “distinctive character traits conceived by John Sullivan” and his characters’ “signature phrases and ways of speaking” in order to sell tickets.

“The sitcom constitutes one of the most valuable properties in British television,” the barrister Jonathan Hill, who is leading Shazam’s legal team, told the judge. “The outcome of this claim could have potentially very serious ramifications for [Shazam’s] exploitation of its intellectual property in relation to the sitcom.”

Among other issues the judge will consider are whether it is possible to copyright the phrase “shut up you tart”, whether “lovely jubbly” is