'I was brave to sue the makers of Live At The Moth Club'
Harry Deansway has said he was ‘brave’ to sue the makers of Live At The Moth Club for plagiarism, and suggested he only lost as the programme-makers Baby Cow had deeper pockets.
The comedian says he now faces bankruptcy if the production company – founded by Steve Coogan and now owned by BBC Studios – pursue him for their legal costs, which would be usual in cases like this.
And he says his David Vs Goliath battle came ‘at great personal and financial cost’ which he said was ‘a price worth paying for standing up for independent creators and fairness in the creative industry’.
Following a two-day trial in November, high court recorder Amanda Michaels today sided with Baby Cow, saying the company and its head of comedy, Rupert Majendie, who originated the show, had not ripped off Deansway’s web series Shambles.
She ruled that the format of Deansway’s 2013 series was ‘was not protected as a copyright work,’ adding: ‘Had I found there to be any such copyright, I would in any event have found that it was not infringed by the defendant.’
In a statement on his website, Deansway, who sued under his real name Joshua Rinkoff, said today was ‘a dark day for creators in the media, and for me personally as I face almost certain financial ruin’.
He added: ‘I'd like to take a moment to reflect on the brave step I took to stand up to the biggest comedy production company in the UK owned and backed by one of the most powerful media conglomerates in the world, the BBC.
‘I will forever be proud that I took a stand for what I truly believe was right. This has come at great personal and financial cost, but ultimately it is a price worth paying for standing up for independent creators and fairness in the creative industry.’
He thanked his lawyers and his friends and family ‘who supported me when the comedy industry quietly stepped away from me’ and added: ‘Copyright law is notoriously difficult as it is viewed through the antiquated lens of the British justice system. My legal team wanted to set a new legal precedent that would not only have helped me but others who wish to have their ideas protected. It was always going to be a difficult ask.
‘There are many David vs Goliath cases like this in the arts industry. All too often the victory is awarded to the Goliaths who have the resources and expertise available to them due to their immense wealth whilst the Davids’ plight often ends in tragedy and bankruptcy.'
He said Baby Cow’s lawyers ‘tried to discredit my case by creating a narrative that this was a personal vendetta’ against his former friend Majendie – but claimed his legal team would not have worked on a case if that were true.
He concluded: ’I went to court for an acknowledgement that my format was copied. Depending on how Baby Cow proceeds with recovering costs I will now explore all legal options including appeal but will no doubt be limited by my lack of finance and will face almost certain bankruptcy if the million pound company and their billion pound backers the BBC go after costs.’
After the verdict was delivered, Baby Cow said: ‘Baby Cow said: ‘We’re pleased that the court has ruled that Live At The Moth Club is a wholly original work that had creative input from a number of people who had never previously heard of Shambles or its creator. The claim was defended on that basis and the judge has found conclusively in Baby Cow’s favour on all issues.’
» Live At The Moth Club was not a stolen idea, judge rules
Published: 17 Jan 2025