2012/11/26 Stephen Booth <[email protected]> > > > If the structural engineer works for the council or was contracted to > the council for the work then the copyright probably rests with the > council. Copyright typically rests with the person who created the IP > unless it was done during employment or similar ('work for hire') when > it rests with the employer, either can be varied by contractual terms > or statute. The council should be able to tell you who is the > copyright holder is and under what license terms it is available. >
Sorry to make a minor, and what might seem a pedantic, correction, but in UK law there is no "work for hire" doctrine. Automatic copyright ownership only operates via the employment relationship. So if X creates a work in the course of their employment with Y, Y becomes the first owner, but if X creates a work under contract to Y which is not a contract of employment, X becomes the first owner. If Y is sensible it will have included in its contract with X a term that causes an automatic assignment of copyright in the work, but that relies on: (i) Y doing its job properly; (ii) X agreeing to it. An important point for anyone who hires contract programmers. I suspect Nick is right in suggesting that in fact private sector engineers will have created plans etc, but since I don't know the detail of the procedure used in Scotland I couldn't say. Its always worth trying to reason with a local council first if it seems they are getting stuck on what seems like a legal point. Sometimes talking to the right person can help. The most successful local campaigners I know work this way rather than formally via FOI. That's a pragmatic suggestion rather than a legal one, but in part based on the hint that Edinburgh normally seem reasonable. Are there any Scots lawyers on this list who are prepared to put their heads above the parapet I wonder? It would be useful to have someone who understands the particular procedure able to comment. Of course if you do make a "formal" FOI request (not that there really is such a thing) then using whatdotheyknow means we can all see it, all benefit from any result and generally offer advice and assistance from the side-lines. Francis
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