On 24 October 2011 11:20, Francis Davey <[email protected]> wrote:

> 2011/10/24 Chris Taggart <[email protected]>:
> > Francis
> > I think that's an interesting question, and a non-trivial one.
> > Have spoken with some in govt about this, and I don't think it's entirely
> > clear that a court would enforce the copyright on annual reports (though
> > you're the lawyer, I am not). Obviously photos within them, other
> aspects,
>
> I have absolutely no doubt a court would enforce the copyright on an
> annual report (unless it was composed of non IP judges perhaps).
> There's no doubt that copyright subsists in its maker and any copying
> of it is, without more, an infringement.
>

Useful opinion. Thanks.


>
> > and even the reports have copyright, but does the role as public
> documents
> > override this in any way (i.e. if you can't email a company report to
> your
>
> No. There's no "public document" exception.
>
I wasn't talking in legal terms ;-)


>
> > financial advisor for analysis does it 'work'). There's also the question
> of
> > whether they are also like press releases, designed by their nature to be
> > distributed.
>
> I think it would be tough to argue there's an implied licence to
> re-publish them on a company analysis website.
>
No, but that's not the point I was making. I (possibly incorrectly)
understood that Press Releases were deemed to have been put in the public
domain by the entity issuing them. I just wondered if the same could be
argued for annual reports, particularly if they are also given to regulatory
news agencies, for wider distribution.

>
> > As I said, I am not a lawyer, but it would seem to me that if a company
> were
> > to enforce the copyright on the annual report, it would call into
> question
> > the whole purpose of annual reports.
>
> If the report is obtained from Companies House you can take advantage
> of section 47, which I suggest you have a read through as its quite
> interesting:
>
> http://www.legislation.gov.uk/ukpga/1988/48/section/47


I did ;-) Interesting & possibly useful for many other reasons too, as you
point out in your earlier email.

Chris
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