Guinness wins copyright row

A film director faces legal costs unofficially estimated at more than £200,000 sterling after losing a High Court copyright battle…

A film director faces legal costs unofficially estimated at more than £200,000 sterling after losing a High Court copyright battle in London involving one of Guinness's most successful TV advertising campaigns.

Award-winning Mr Mehdi Norowzian, who specialises in making film and TV commercials, had claimed damages for infringement of copyright against Guinness Brewing Worldwide Ltd and Guinness plc, as well as Dublin-based advertising agency Arks Ltd.

Mr Norowzian, of Hanley Road, Islington, north London, said there was "direct evidence of copying" of his work without consent in the Guinness stout advertisement "Anticipation", which featured actor Mr Joe McKinney dancing round his larger-than-life sized pint waiting for it to settle.

The advertising campaign inspired a hit single record and pushed the Guinness group's 1994 share of the total draught beer market in the country to a record level.

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Lawyers for Mr Norowzian, who has directed commercials for Stella Artois, Adidas, the AA, Labbatts, Sony, and the Mercury One 2 One campaign, said the claim stemmed from his ownership of the copyright of a short film work known as "Joy".

But Mr Justice Rattee dismissed the case yesterday after ruling that "Joy" - filmed as an example of Mr Norowzian's creative work - was "neither a dramatic work nor a recording of a dramatic work" entitled to protection under the 1988 Copyright, Designs and Patents Act and it was impossible to say that "Anticipation" copied a "substantial part" of that work.

Later, Mr Norowzian said: "I am unhappy with the decision and I am seriously considering an appeal. It leaves too many questions that need answering."

A Guinness spokesman said: "We are delighted with the outcome of the case. We have always maintained `Anticipation' was an original work and Guinness did not infringe any of Mr Norowzian's rights. That view has been confirmed by today's judgment."