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Copwrite Query!

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  • Hello,

    A friend of mine has a problem regarding copywrite, so I said I'd ask on here to see if anyone can help.

    Basically, if two (or more) people 'share' copywrite on a piece of writing, how many of those people must give their permission before that piece can be reproduced?

    To explain fully, my friends’ quandary is this: a few years ago my friend and her now ex partner edited a club magazine, with about 300 members worldwide. She recently received a letter from her ex (she's still a member, he isn't). He states that he's not happy with the club photocopying back issues to sell to boost club funds. His permission was not sought, and as they are photocopies - not first generation prints - the quality isn't as good, and he doesn't want to be associated with what he calls 'inferior product'. My friend showed the mags to me, and I agree the photocopies are not as good but it isn't a great difference.
    My friend thinks her ex is being petty (to say the least), as he's demanded that no more photocopies are sold and any left over are destroyed. He's quite happy to reconsider his decision to refuse permission, as long as he is asked in writing and the original proofs are used (he has them) and no more photocopies are made.
    My friend, who had no problem with the photocopies, feels caught between the two parties. While she respects her ex partners decision as a joint copywrite holder, she's also trying to liaise with the club chairman who thinks that copywrite belongs to the club itself, and therefore 'publish and be damned!'. Ironically, most of the mags my friend and her ex produced have a disclaimer stating that the mags cannot be reproduced in any form without the written permission of the copywrite holder, as at the time a member of club was threatening to put the mags in their entirety on the internet!
    While I can't imagine a huge legal battle will break out, my friend is concerned and wants to do what is right.

    I hope that helps clarify the situation, and thanks for reading it all! Any help would be VERY much appreciated.

    Loftus Lady
  • Oops! This should have gone in the Writing Queries section. That's teach me not to read it properly! I don't suppose I'll be the only one to be caught out!
  • I'm sure one of the others will be able to clarify this, but I would ask were there any written agreements made at the time? If there were, then you obviously need to read the terms. Obviously it is partly the other person's work, but whether the rights are the club's or the writers is open to question without knowing the terms. Clearly the other person who has the originals, would allow 'better'copies made, but it would probably be at a price.
  • I haven't got anything helpful to add, but I do sympathise.  It is a sticky situation.  Hope it works out.
  • Morning Loftus Lady,

    Copyright litigation lines many legal firms pockets. There are many variations but the basis of ownership is that whoever funds original production owns/controls copyright appertaining to it for the first fifty years following production date.

    Thus if your friends club paid production costs of their magazine then they have copyright control. Even if your friend and ex., funded their own expenses, it is the club which holds copyright entitlement.

    Should it be that your friend and ex., produced and financed all apects of the magazine themselves, then they are joint holders of copyright control for the publication. However, if there work was voluntarily undertaken for the clubs benefit/promotion, it may be interpreted that the club still holds the copyright entitlement. The fact that it is a "club" magazine presumably means their is a minuted proposal sanctioning its production, this again favours copyright being the club's responsibility.

    Most club productions are achieved on ad-hoc voluntary basis. It is generally accepted that material offered and included in these productions becomes copyright ownership of that club but it is imperative that written evidence/verification is found to substantiate any claims.

    There are many examples of employees in organisations claiming singular ownership of ideas and material that they produced in their employers time or whilst in its contractual employment. Invariably the employer has won claim to copyroght, patent and control etc., in such instances.

    When we writers submit work to a publication, it is normal to offer first British rights (or one's particular home country) which means we (the author/creator) relinguish copyright control in that country for fifty years.

    Hope this helps resolve your dilemma.
  • Jan, I'm very glad you explained that. It will certainly be useful to any of us who produce club magazines, or when offering work to such organisations. Thanks.
  • Oh my Gosh!

    Re-reading after several hours, I'm astonished at the number of english language errors in my earlier response.

    Apologies everyone I can only blame Monday morning bleariness, although my first attempt did produce a "lost page" refusal and I had to start again.
  • Hi,

    Thanks for all your responses, especially Jan.

    It does look as though copywrite belongs to the club, as the magazine was produced voluntarily to benefit and promote the club. Although the club has a constitution (but no written agreement to state copywrite ownership of the magazines), I imagine my friends ex assumed that copywrite belonged to him and my friend as they were the ones who put the mag together and produced its' final format.
    I think my friend will have to thrash out a deal with her ex and the club, and hopefully get something in writing!

    Thanks again for your help.

    Loftus Lady
  • Thank you for the suggestion Dorothy (should have thought if that myself) no doubt Lixxy will point out obvious female/male dyslexia or some such failing. Addendum; trouble is I sometimes expand an intended simple comment to reams, like now!

    LoftusLady,
    The club doesn't need a particular reference to copyright ownership, that is standard English Law. However, as with any other organisation, to legitimately produce a magazine or any promotional material it does need reference to such activities within its constitution.

    Thus there should be a clause which includes wording on the lines of "authorised activities for the benefit of club promotion, approval by the elected representatives of any promotional event/activity carried under or using the name of the club, club logo, club material, deemed to imply representation of the club" hope you get the gist.

    Without such inclusion, you may find the club is acting outside of legal practice. A club is the same as any other business for most scenarios, including Tax Laws. Even when it may claim to be a "registered charity" there are still basic tax parameters that need to be observed.
    Sorry to go on but the Law does not recognise ignorance as a valid defence. This club may be wise to pay accountant and solicitor services before your friends ex (inadvertently) attracts attention to details that have been considered immaterial.
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