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25“Owner remains the creator of the works and reserves the right to use any of the media assets described in the works for promotional purposes. 26The works are defined as:“1. ‘Dover: Make Yourself at Home.’2. All original media assets included within ‘Dover: Make Yourself at Home’ created by Owner. 3. ‘Crobar: Music When The Lights Go Out.’4. All original media assets included within ‘Crobar: Music When The Lights Go Out’ created by Owner. 5. All agreements pertaining to any third party media assets used within ‘Crobar: Music When the Lights Go Out.’”2728I have also been shown a letter dated 2 March 2021 from solicitors acting for Mr Wildey to the solicitors acting for Mr Cooper and DL. It reads:“We have been instructed by Andrew Wildey/Zeyus Media and refer to previous correspondence between your firm and our client, resting with your letter 1 March 2021 requiring an answer to your letter of 19 February 2021. Our client carried out two pieces of film/edit work as a freelancer for Lucy Brown, with no discernible contract existing between the two parties. Our client invoiced Lucy Brown for £700 and £790 in September and October 2020 and the first invoice was, we understand, paid by your client, the second by Lucy Brown. It is not our client’s concern as to the nature of Lucy Brown’s relationship with your client. Our client makes no claim whatsoever to any intellectual property rights over any of the work completed by him. He has relinquished all rights to any raw footage and/or edits. Our client does not wish to involve himself in any dispute your client may or may not have with Lucy Brown or any other entity or person, nor should he be involved. Your client has no cause of action against ours and we therefore look forward to your confirmation by return that that is your client’s understanding.” 2930Mr Grant has made two points in response to this. First, that this is contrary to his clients’ case. His clients deny any involvement until creation of the film by Mr Wildey. Secondly, Mr Grant points out that this allegation of Mr Wildey’s involvement is not part of Ms Brown’s pleaded case. 3132As to Mr Grant’s second point, had Ms Brown been professionally represented throughout, there may have been greater force in the suggestion that it is late, at this stage, to introduce a defence which is not pleaded. Even then I may well have been persuaded that Ms Brown is entitled to amend her pleaded case to run a point which she strongly avers. As it is, I will allow an amendment to the Defence to introduce an allegation dealing with Mr Wildey’s involvement with the films.33I am not able to conclude that Ms Brown’s Defence, so amended, has no prospect of succeeding at trial. The application for summary judgment is dismissed.__________
