Reports suggest that the BBC could be facing legal action in coming weeks, after it allegedly introduced a “derivative” character into popular television show Doctor Who without seeking the appropriate permission.
In recent days, a legal row has emerged over the 2017 Christmas episode of the programme, which starred British comedian Mark Gatiss as new character Captain Archibald Lethbridge-Stewart – who was introduced as the grandfather of longstanding Doctor Who favourite Brigadier Alistair Lethbridge-Stewart.
‘The Brigadier’ – a recurring character in the show who first appeared in 1989 and was originally played by Nicholas Courtenay – was originally created by the late TV writer Mervyn Haisman, who sadly passed away in 2010.
But following the 2017 Doctor Who Christmas special, which was aired on 25 December at 5:30pm, Mr Haisman’s estate has argued that the BBC has infringed the late screenwriter’s copyright, but creating a ‘relative’ to his iconic Brigadier character without seeking permission.
In an interview with The Mirror at the beginning of January, a spokesperson on behalf of the Haisman estate, said: “Characters are considered creative works and are protected by copyright law. As such, we reserve the right to determine what is officially part of our intellectual property.”
A disgruntled Andy Frankham-Allen, Creative Director of the Haisman Estate, told the newspaper that a “derivative work” had been created without the estate’s permission – and that the estate intended to uncover if – or how – this new character “fits into” its IP.
“We reserve the right to accept or reject any additions to our intellectual properties,” he said.
Meanwhile, a spokesperson on behalf of the BBC said: “This claim is without foundation.
“There has been no breach of copyright.”
Whether or not a full-scale legal battle will ensue remains yet to be seen.