What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

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The Case for Del Boy’s Copyright

If you’ve ever created a character for a show, book, or brand, you might think copyright only protects the script or the logo. But the case of Shazam Productions Ltd v Only Fools The Dining Experience Ltd & Ors proves that even a wheeler-dealer like Del Boy can be protected as a work of art.

The dispute involved a live dining show that recreated scenes and characters from Only Fools and Horses. Shazam Productions, which owns the rights to the show, claimed the experience infringed copyright by using Del Boy and other characters without permission. The defendants argued they were simply parodying the show.

What did the court decide?

The court ruled that Del Boy is more than just a cheeky market trader – he’s a copyright-protected literary work. His catchphrases, personality, and relationships made him a fully developed character, not a generic stereotype.

To reach this decision, the judge applied the Cofemel test, a legal standard from the Court of Justice of the European Union. It asks two key questions:

Is the work original?
Is it identifiable?

Del Boy ticked both boxes. He wasn’t just a name – he was a recognisable personality shaped over years of storytelling.

The immersive show was found to infringe copyright, and the parody defence didn’t hold up.

Why it matters

This case confirms that fictional characters can be protected independently of the stories they appear in. For creators, performers, and businesses using character-based branding, it’s a wake-up call: borrowing a personality could land you in court.

Need advice?

If you’re developing content, licensing IP, or facing a claim over character use, our IP team can help. Get in touch to protect your creative work and avoid costly disputes.