Dorothy
I suspect not. If (like most normal people) your mother never formally
stated to Mrs A that letters from your mother to Mrs A were on loan for
reading only and should be returned after reading then the physical letters
would be seen as a gift to Mrs A and, as items of physical property, are
hers to do with as she wishes. This has nothing to do with the copyright
in the letters. Mrs A would be at liberty to donate all her books to a
library because she owned the books, even though she obviously would not
own the copyright in the books.
The 1956 Copyright Act explicitly states that the definition of publication
(which would infringe copyright) does NOT include public performance or
the issue of records of a work - so reading room consulatation does not
infringe copyright. Where the daughter's rights do come in is that she can
prevent publication of the letters or substantial extracts from them. This
is all a gross simplification, and I would be interested to hear other
peoples opinions.
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Richard Taylor
Curator, Archive Collections
National Railway Museum
Leeman Road
YORK YO26 4XJ
Tel 01904-686289
Fax 01904-611112
Email [log in to unmask]
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