Comedian, director and writer Harry Deansway has issued a copyright infringement claim against Baby Cow Productions; the company co-founded by actor, comedian, producer, and screenwriter Steve Coogan.

Harry (pictured) was a promoter for the London comedy club, Shambles at the Aces and Eights, before creating an innovative YouTube sitcom series, titled ‘Shambles’, based on live comedy nights at the club. The first episode aired on 6 November 2013 and the series focused on a group of behind-the-scenes characters who were involved in the running of the comedy club and included scenes of live comedy with a real audience. The series ran for two seasons, with six episodes in both.

His case is that the format of Shambles is an original dramatic work protected by copyright under ss.1(1)(a) and 3(1) of the Copyright Designs and Patents Act 1988 (“CDPA 1988”) and a work of its author’s own intellectual creation. It also consists of several clearly identifiable features, which, taken together, distinguish it from other shows of a similar type.

Baby Cow Productions (the Defendant) premiered a new series, Live at the Moth Club, on the television channel, Dave. Mr. Rupert Majendie is the creator of the series and is also credited as the executive producer and director of each of its episodes. The series is a sitcom set in a comedy club in Hackney called the Moth Club. It blends situation comedy deriving from fictional behind-the-scenes material with real live comedy performances and features recurring characters played by well-known comic actors and comedians.

Mr Deansway argues that the Defendant has infringed copyright by:

• reproducing a substantial part of Shamble’s dramatic format through the production of each episode of Live at the Moth Club contrary to s.17 CDPA 1988;
• communicating copies of each infringing episode to the public by broadcast on the channel Dave or by making the episodes available to the public for streaming on UKTV Play contrary to s.21 CDPA 1988;
• authorising, as the producer of Live at the Moth Club, those third parties to commission those acts contrary to s.16(2) CDPA 1988; and/or
• assisted in, procured or directed those acts pursuant to a common design to broadcast and make available the relevant infringing episodes, thereby acting as an accessory to the infringements.

Harry Deansway has instructed Keystone Law’s media litigation partner Lawrence Abramson to represent him in the proceedings.