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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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Please can you help. Having spent more than forty years in

Resolved Question:

Please can you help. Having spent more than forty years in the dairy industry I am writing a book on the history of dairying UK. Among my research papers is a booklet entitled 150 Years of Dairying, ISBN 0 902748 31 9 published in 1982 by the now defunct National Dairy Council, presently known as the Dairy Council (DC) it contains some material and images to add to information I have from my knowledge in working in the industry. I applied to the DC for permission to use material and images from the publication and was refused permission to use anything in their publication. The information I requested was the history of Town Dairies (London Cow Keepers) eighteenth and nineteenth century, the part played by the coming of the railways in the transportation of raw milk during the same period and setting up of large processing dairies in urban areas. My understand is the DC would take proceedings against me if I published what has been known to me some two decades before their publication, which would without doubt mirror some material in their publication.
My questions are; can the DC enforce legal proceedings on non original material and can they prohibited my freedom to publish material from my own knowledge of the industry even by its factual nature would reflect some parts of their publication.
Bert Collacott, 30a Cambridge Road, Girton, Cambridge CB3 0PJ. tel; 01223 564804
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
As long as your material is based on your knowledge of the dairy industry and you are not copying the original work of the DC, you should be fine and I do not see the DC having a valid claim against you.
Copyright only protects original work, if the work of the DC is not original, it is not protected by copyright. Copyright includes copying, adapting, distributing etc work.
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Customer: replied 2 years ago.

Thank you so far. In the event of litigation who would be expected to prove whether material is original or not.

Bert Collacott

Expert:  UKSolicitorJA replied 2 years ago.
It would be the Dairy Council to prove this if they take legal proceedings against you.

All the best