Carl Steele

Who? Carl Steele, partner and head of intellectual property, Ashfords.

Why is he in the news? Successfully represented Shazam Productions Ltd, a company set up by the late John Sullivan OBE, who created TV sitcom Only Fools and Horses, in a copyright dispute against interactive dining show ‘Only Fools The (cushty) Dining Experience’.  

Thoughts on the case: ‘It’s a fascinating case. In essence, it comes down to this: can someone take the fictional characters of a famous TV series (with their catchphrases, jokes, wants, desires and backstories), put them in a new storyline and not infringe the legal rights of the original scriptwriter? As the deputy judge said, the other side’s interactive dining show amounted in substance to the creation of a new episode of Only Fools and Horses. As far as I am aware, this is the first time that the courts in this country have recognised that a fictional character (in this case, Del Boy) can be an independent copyright work. The decision has major implications for those who wish to use such characters and who, in the past, might not have sought the copyright owner’s permission to do so. It is also, to my knowledge, the first time an English court has had to consider the law concerning “fair dealing” of a copyright work for the purposes of parody or pastiche. The deputy judge was clear that the other side’s interactive dining show was neither a parody nor a pastiche and what had been taken from John Sullivan’s original works was not “fair dealing”.’

Dealing with the media: ‘I knew from the start that the media would be interested in this case because it involves such a famous and well-loved TV series. There were times before the trial when I read articles and wanted to respond to put the client’s side of the story, but knew I couldn’t. Winning the case is answer enough.’

Why become a lawyer? ‘My dad. He recognised that before I came to a decision on something in my life, I always wanted to consider both sides of the argument and the evidence in support. And lawyers do this every day when presented with a client’s legal issues.’

Career high: ‘This case. I am delighted for Jim Sullivan [John Sullivan’s son] and the wider Sullivan family. A big “thank you” to the client, for having the confidence in Ashfords and our counsel, Jonathan Hill, to win this landmark case. Only Fools and Horses is a national treasure and its writer, John Sullivan, is recognised as a master of his art.’

Career low: ‘When a director of a client died. I learned a lot from him and miss his wise words and guidance. He was not a lawyer, but he made me a better one.’

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