Copyright - anyone know about this?

[CressidaFitass]

A now deceased family member has recently had his war memoirs made available via the local museum.

I was happily telling the museum that anyone could have a copy, no probs, until someone pointed out that we (me and siblings) will be mighty peeved if if they are used as a basis for a book or film and we have passed on the copyright, deliberately or unintentionally so have no control or financial gain (plus DSis would want a starring role ).

Can we allow free access to the memoirs in eg a Word doc but maintain copyright rights?

[prh47bridge]

Unless you pass ownership of the copyright to someone else it will still belong to you. The fact you have licensed the copyright for one purpose does not mean you have licensed it for other purposes. You may want to put conditions on people taking copies at the museum, e.g. copies for non-commercial use only.

Note that copyright only applies to the actual words of the memoirs, not to the story they tell. If someone wants to write a book based on the deceased family member's war experiences without using his words they are free to do so.

[thereinmadnesslies]

You could use a Creative Commons or copy left licence

[CressidaFitass]

Many thanks, prh47, that is very helpful. Can we just put the 'copies for non-commercial use only' on the bottom of the printout of the memoirs or do you think I need the help of a solicitor to get the wording right.

I don't really expect a movie but rather want to guard against anything being quoted for nefarious purposes, for example there is mention of the concentration camps.

[CressidaFitass]

Many thanks ,therein, I am on a borrowed laptop with WINDOWS8 AAAaargh and it is too hard to look up what you advised but will look into soon when I have my own laptop back.

[prh47bridge]

It might be worth checking if the museum put any conditions on taking copies. If they don't stating clearly on the document that it is copyright and that copying for non-commercial purposes is permitted should be enough. You probably want to give contact details if someone does want to make commercial use. Or you could, as therein suggests, refer to a specific license under which the memoirs can be copied.

[Mendi]

You are already protected under the CDPA which allows an exemption for copying for private study (i.e. non-commercial purpose). Just having the memoir available for copying in the library is not a waiver of the copyright assigned to you (if it has been assigned to you), whether or not you expressly say so on the memoirs. Having said that, it doesn't hurt to state it in express terms.

[CressidaFitass]

Many thanks all.

I think that putting -
Copyright (copyright symbol) The family of relative For non-commercial use only

in an obvious position on each brochure should be enough. Will check with the museum to see if they are ok with that. I don't think we need to go further with a Creative commons or Copyleft right now.

Will also check that museum details are on any publication so that the family can be contacted via them should any film director be desperate to make contact!

[Mendi]

That sounds fine Cressida. Are you certain the copyright has passed to you?

[CressidaFitass]

Well, siblings and I are the direct relatives so presume we have inherited it. Things were passed on from Relative to my DF and DM and they are now deceased.

[Mendi]

You may have inherited it but it really depends on the will/administration situation. Did your DM/DF leave their entire estate to be divided between you and your sibiling(s)?

[CressidaFitass]

You have a point, Mendi, my DM's will shared out the money but I don't think it mentioned the rest of the stuff.

I am overseas so cannot check the will right now but will chase it up when back in the UK.

Hopefully stating that the copyright belongs to 'The family of relative 'is vague enough to be correct regardless.

I am normally in Scotland and if someone dies intestate 'whatever is left over is called ?the Free Estate? and is distributed in line with rules set out in the 1964 Act. If there are children then they inherit the whole Free Estate' so that might mean siblings and I do inherit the stuff.

I will speak to the solicitor who dealt with the will when I am home and see what he says.