Miller v Britt Allcroft (Thomas)

Miller (the applicant) sought to restrain Britt Allcroft (Thomas) Ltd (the respondent) from infringing copyright in a character known as "Thomas the Tank Engine". The applicant alleged that the respondent's use of the character in a television series and associated merchandise constituted copyright infringement. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the respondent had infringed the copyright subsisting in the character of "Thomas the Tank Engine". This involved determining the scope of copyright protection afforded to a fictional character and whether the respondent's depiction of the character fell within the ambit of that protection.

Gleeson CJ and McHugh J considered the nature of copyright protection for fictional characters. They held that copyright can subsist in a character, but only if the character has been sufficiently developed and is more than a mere name or idea. The court found that the character of "Thomas the Tank Engine", as depicted in the applicant's works, possessed sufficient individuality and distinctiveness to be protected by copyright. The respondent's television series and merchandise were found to have reproduced substantial parts of the protected character, thereby infringing the applicant's copyright.