At the risk of sounding like a complete ignoramus to the entire list, can I
clarify that point Tim made, as I am sure I am not the only one to be
surprised to read it, and it strikes me as important, especially with regard
to literary MSS and photographs, rights to which can be valuable.
I had always been led to believe that an author's family continued to be the
copyright holders of the author's works (published and unpublished) after the
author's death, if copyright was not separately bequeathed, even if the MSS
were bequeathed to an institution. If an author bequeathed all his MSS to the
university library and made no separate stipulation regarding copyright, does
that mean we own the copyright in his unpublished works, not his family? And
does that mean we could, for the sake of argument, forbid his literary
executor from publishing the said works? And would we (again, for the sake of
argument) have a claim on income arising from new editions of published MSS in
our custody?
Does this also apply at one remove, i.e. if the unpublished MSS of A Certain
Poet (1920-1944) were given after his death to A Third Party without reference
to copyright, and A Third Party gave them to the university library with no
reference to copyright, does that mean the university library is now the
copyright owner? If the said Third Party was the Govt (in lieu of tax), does
that make a difference?
Please correct me if I am grabbing the wrong end of the stick. If I am not,
are there any good literary copyright valuation experts out there? Many of us
may be looking after small goldmines.
Ian
>===== Original Message From "Padfield, Tim" <[log in to unmask]> =====
>I was tempted to step in when Chris first posted this query, but do so now
>following Richard's reference to copyright.
>
>If the will does not mention copyright explicitly, any bequest of documents
>or 'other material things' (such as computer discs) will carry with it any
>copyright that the testator owned in the items bequeathed. It is important
>to notice the caveats mentioned here:
>* if the testator bequeathes copyright explicitly, that bequest
>over-rides the presumption set out above, and the recipient of the documents
>will not own the copyright (unless of course the recipient of the documents
>is also the recipient of the copyright).
>* a testator leaving papers is most unlikely to own all the copyrights
>in the material bequeathed, and in some cases may own none. Private papers
>will be full of letters received, all of which are the copyright of the
>authors not of the addressee. A collection of interest to a specialist
>archive may well contain, or even be composed entirely of, items purchased,
>and the copyright is most unlikely to have been purchased as well.
>
>Thus, Richard's point about knowing what the rest of the will says is
>important. You need to be able to show that copyright was not bequeathed
>separately. Alternatively, ensure that in addition to the bequest of
>documents there is a bequest of such copyrights, and all rights related to
>copyright, as are the property of the testator in the documents bequeathed.
>
>Tim
>-----------------
>Tim Padfield
>Copyright Officer
>Curator of Photographs
>Secretary of the Lord Chancellor's Advisory Council on Public Records
>
>Public Record Office, Kew, Richmond, Surrey TW9 4DU
>Tel: 020-8392 5381
>Fax: 020-8392 5295
>e-mail: [log in to unmask]
>http://www.pro.gov.uk
>
>
>> ----------
>> From: Richard Taylor[SMTP:[log in to unmask]]
>> Reply To: Richard Taylor
>> Sent: 30 January 2002 16:58
>> To: [log in to unmask]
>> Subject: Re: donation wording for wills
>>
>> Chris and colleagues
>>
>> Two postings from me in as many minutes!
>>
>> Pasted in below (to avoid sending an attachment) is the wording of our
>> guidance sheet for potential bequests.
>>
>> I would particularly stress the importance of getting hold of a copy of
>> the
>> relevant part of the will in advance, and then getting hold of a complete
>> copy of the will after probate has been granted. We have had a couple of
>> recent "debates" with heirs and executors about copyright issues in
>> archives willed to us, which we have been able to resolve to our advantage
>> due to knowledge of the full provisions of the will.
>>
>> Richard Taylor
>> NRM
>> +++++++++++++++++++++++++++++++++++++++++++++
>> Text:
>> GUIDANCE ON MAKING A BEQUEST IN FAVOUR OF THE NATIONAL RAILWAY MUSEUM
>>
>> This note is intended to help you if you are considering making a bequest
>> to the National Railway Museum.
>>
>> In order to ensure that your money and possessions are divided as you wish
>> after your death, it is important to make a Will. If you die intestate
>> the
>> State writes a Will for you and your possessions are distributed according
>> to this Law of Intestacy and you miss all the chances of passing on
>> particular gifts to your friends or favourite charities.
>>
>> A solicitor can help you draw up a Will in any form you desire but these
>> notes are intended to give guidance if you wish to leave objects or money
>> to the National Railway Museum.
>>
>> The Museum is always grateful to be considered as the recipient for a
>> collection and generous donations have helped to build the national
>> railway
>> collection over the years. However, we reserve the right to decline
>> objects
>> which duplicate existing holdings or which fall outside our collecting
>> policy.
>>
>> Potential benefactors are encouraged to discuss the bequest in general
>> terms at an early stage with a Curator who can provide advice on the
>> museum's collections policies. A full description of all items to be
>> bequeathed should be made, which will help both the executors dealing with
>> the estate and the National Railway Museum.
>>
>> If you propose to leave an object or a collection of items to the Museum
>> the preferred wording is:
>>
>> I bequeath to the Board of Trustees of the Science Museum, upon trust for
>> the Nation and deposited in the collections of the National Railway
>> Museum,
>> York, my ................
>>
>> In some instances you may be asked if the Museum may select items for your
>> collection for permanent preservation and dispose of other material to
>> another organisation or be sold to further the work of the Museum in other
>> ways.
>>
>> If you intend to leave money to the Museum, the wording should be:
>>
>> I bequeath to the Board of Trustees of the Science Museum for furthering
>> the aims and the objectives of the National Railway Museum, the sum of
>> .............
>>
>> It is helpful if the Museum can have a copy for our files of that part of
>> your Will which specifically refers to any bequest and of any related list
>> of items.
>>
>> You may also be interested to know that bequests in favour of the National
>> Railway Museum will qualify for inheritance tax relief as the Museum has
>> charitable status. Your solicitor should be able to advise you on how
>> this
>> benefit is acquired or you could contact the Inland Revenue for the
>> relevant explanatory leaflet.
>>
>> We thank you for supporting the work of the National Railway Museum which
>> relies on public funds earned income and donations to fulfil its role as
>> trustee of the National Railway Collection.
>>
>>
>>
>>
>>
>> At 04:38 PM 1/30/02 -0000, Chris Jones wrote:
>> >Dear all,
>> >I've been asked to supply the wording for the will of someone who wishes
>> to leave her archive to us. Is there a standard paragraph somewhere that I
>> could draw upon?
>> >Many thanks for your help.
>> >Chris Jones
>> >National Resource Centre for Dance
>> >
>> >
>> ====================================================
>> Richard Taylor
>> Curator, Archive Collections
>> National Railway Museum
>> Leeman Road
>> YORK YO26 4XJ
>> ENGLAND
>>
>> Tel +44 (0)1904 686 289
>> Fax +44 (0)1904 611 112
>> Email [log in to unmask]
>> Website http://www.nrm.org.uk
>>
>> The National Railway Museum is the European Museum of the Year 2001
>> =====================================================
>>
>>
>>
>>
>> ********************************************************************
>> This e-mail and attachments are intended for the named
>> addressee only and are confidential. If you have received
>> this e-mail in error please notify the sender immediately,
>> delete the message from your computer system and
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>>
>> The NMSI website can be found at http://www.nmsi.ac.uk
>> *********************************************************************
>>
>
>
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Ian JF Mortimer, BA MA FRHistS ILTM
Archivist, University Library
Part-time Lecturer, Dept of History
University of Exeter
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Work email: [log in to unmask] (Mon, Tues & Weds)
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