Believe It Or Not – Claim Based On Belief In Copyright Fails

Cases testing the scope of what amounts to a religious or philosophical belief continue to reach the higher courts. In Gray v Mulberry Company (Design) Ltd the Court of Appeal found that an employee had not been discriminated against because of her belief in the statutory human or moral right to own the copyright and moral rights of her own creative works and output, except where that creative output was produced on behalf of an employer.

The employee, who was a writer and film-maker, was offered employment as a Market Support Assistant at Mulberry. Her contract of employment contained a relatively standard IP provision and copyright agreement. She refused to sign the copyright agreement because of concerns that it would interfere with her ability to work as a writer and film-maker. Mulberry confirmed that the copyright agreement only related to business of the Mulberry Company or works which arose from her employment, but she still refused to sign and was ultimately dismissed because of this. She claimed she had been discriminated against because of a religious or philosophical belief. Her claim failed before the tribunal and EAT, in part because her belief did not amount to a philosophical belief, and she appealed to the Court of Appeal.

The Court of Appeal upheld the decision that there had been no indirect discrimination. Irrespective of whether the claimant's...