Slightly Convoluted Copyright Question

Jackie

If you have access to my book, look at para 7.4.2.

The profession of the individual is irrelevant, as is the notepaper on which he wrote. What matters is the capacity in which he was writing, though in practice it makes no difference in this case. As a councillor he was not an employee and, at that time, he would have been the owner of the common law copyright in his letter. It may be that the council would have had a claim to the copyright in equity, and could have asked him to assign his rights to it, but it is rather too late now, I fear, for such a right to be asserted.

Tim

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Tim Padfield

Information Policy Consultant and Copyright Officer

The National Archives

Kew

Richmond

Surrey

TW9 4DU

020 8392 5381

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www.nationalarchives.gov.uk

www.opsi.gov.uk

Please note that if this message contains advice on copyright it must not be taken as being formal legal advice. If you need legal advice, you should consult a solicitor.

From: Archivists, conservators and records managers. [mailto:[log in to unmask]] On Behalf Of Davenport, Jackie
Sent: 18 May 2009 12:34
To: [log in to unmask]
Subject: Slightly Convoluted Copyright Question

Hi,

Can anyone tell me who the copyright holder would be the following case: an art dealer (late 19^th century) who was also a County Councillor, writing a letter on his art gallery headed paper regarding Council business?

Are councillors treated the same way as Council employees, and does the fact that he used his own headed paper make any difference?

Thanks,

Jackie Davenport,

Archives and Administration Manager,

Manse Brae,

Lochgilphead,

PA31 8RT

Tel: (01546) 604774 (Archives)

Tel: (01546) 604269 (Admin)

http://www.argyll-bute.gov.uk

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