Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

1905 item

 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
tackler7
New Member
New  Member


Joined: 15 Apr 2013
Posts: 6

PostPosted: Fri Apr 17, 2015 6:08 pm    Post subject: 1905 item Reply with quote

A now defunct sporting club produced a dinner menu in 1905 (under their own name). There is no way of deciding who produced it and it all likelihood it would have been a collaborative effort. It was 'published' at the actual meal in the same year.

It was printed by an independent printer - long since defunct.

The menu displays no trademarks etc.

The sporting club went through a number of legal reincarnations. One set of minutes from 1935 state that the club had no assets at that time, and when the final reincarnation was wound up in 2005, that sold its physical assets to pay its debts, but no mention about intellectual property assetts. There is a 'friends' organisation who looks after the odd enquiry from past players etc.

Under the 1911 act who would have been considered the 'author' - the sporting club? the organising committee, etc and how is the lifetime of the author calculated in these situations?

Thank you.
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1562

PostPosted: Fri Apr 17, 2015 9:24 pm    Post subject: Reply with quote

Hi tackler,
I think that under the circumstances which you have described, the menu was either not entitled to copyright protection in the first place, or if it was, that protection has now ended. What is more, if copyright did still exist, the chances of finding a legal owner are vanishingly small.

The reason I suspect copyright would not apply is that a menu is a simple list of facts (the dishes being served at the meal). There would be little or no creative effort on the part of the person drawing up the menu, and so it seems unlikely to qualify as a work of literature, especially under law applicable at the time (the 1842 Copyright Act) which was much narrower in its definition of a work.

However if we assume that it was protected by copyright, because the name of the author is unknown, we can apply the rule set out in section 12 (3)(a) CDPA:
Quote:
(3) If the work is of unknown authorship, copyright expires—
    (a) at the end of the period of 70 years from the end of the calendar year in which the work was made, [...]
Hence the work would have ceased to be in copyright on 1 January 1976.

Even if the name of the author was known, he would have had to have survived two world wars and the Spanish flu epidemic of 1919, and lived at least until 1 January 1945 for copyright to still exist in the menu today. And of course if that were the case, it takes us no closer to discovering the current owner of the right. The work would be an 'orphan'.

I think you can safely use the menu in whatever manner you wish without worrying about infringing copyright.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group