Re: copyright by successors of Barrie J.M.

On Thu, 20 Jul 2000, Mariusz Lubyk <biuro[_at_]siedmiorog.pl> wrote:
>
> We are one of the biggest publishing houses in Poland specialising
> in books for children and teenagers. We have already co-operated
> with West in editing their books in Poland and now we are deeply
> interested in title "Peter Pan..." by J.M. Barrie. We are asking
> you for possibilities of editing these titles in Poland.
>
> We also would like to get the list of books which the rights of
> could be sold for Polish book market.
>
> We would be very grateful for your prompt answer.

Peter Pan by J.M. Barrie is subject to a perpetual copyright in favour of the Great Ormond Street Hospital in London, according to s301 of the Copyright, Designs and Patents Act 1988 in the UK:

   "301. The provisions of Schedule 6 have effect for conferring    on trustees for the benefit of the Hospital for Sick Children,    Great Ormond Street, London, a right to a royalty in respect of    the public performance, commercial publication, broadcasting or    inclusion in a cable programme service of the play 'Peter Pan'    by Sir James Matthew Barrie, or of any adaptation of that work,    notwithstanding that copyright in the work expired on 31    December 1987."

Schedule 6 lays down rules for interpretation, entitlement to royalty (the right exists only as long as Great Ormond Street Hospital exists) and a procedure for determining the amount payable. Royalties are to be paid to the hospital trustees.

As far as I know, this law has not been amended. The interesting question is, how would this law be treated in other Berne Convention countries?

Ewan Kirk
Law Faculty
Southampton Institute, UK
Ewan.J.Kirk[_at_]solent.ac.uk Received on Fri Jul 21 2000 - 08:47:05 GMT