Re: materials used in court

On Mon, 3 Apr 2000, Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
>
> On Wed, Mar 29, 2000, Nancy Griffin <grifnanc[_at_]isu.edu> wrote:
> >
> > During a discussion with a pathologist recently, he told me about a
> > practice of copying charts, graphs, photographs, etc. from various
> > books and journals to use in court cases. These materials are used,
> > without attribution, to support expert testimony. Copies are
> > distributed to all legal counsel and judges associated with the
> > case in question.
> >
> > I hope I have expressed this clearly. It is apparently a standard
> > practice. Is it a violation of copyright?
>
> In the UK, I do not think it would be an infringement as S.45(1) of
> our legislation says, "copyright is not infringed by anything done
> for the purposes of ... judicial proceedings".
>
> Why is the material not attributed? Would its authority not be
> enhanced if it were?

Sir: I asked that very question. The pathologist explained that providing such information could open the door to a "battle of citations." I suppose this is similar to situations where one side tries to provide more expert witnesses than the other side.

As a librarian, I pay little attention to material presented without attribution. However, it would not necessarily enhance the authority. It could actually damage it!

Nancy Griffin
<grifnanc[_at_]isu.edu> Received on Tue Apr 04 2000 - 14:07:24 GMT