In a case heard by a leading Intellectual Property judge in the High Court, it was held that copying a simple business letter relating to court proceedings could amount to an infringement of copyright.
The case itself involved Danish company Dansk Eternit Holding and Cembrit Blunn Ltd as claimants in a dispute with roofing contractor Apex Roofing Services LLP. An internal letter was produced by Dansk's executive Vice President relating to possible settlement of a claim which had at that time been threatened against Cembrit. The letter was passed to the roofing contractor Apex Roofing. Apex circulated this letter. The Claimants claimed that Apex's circulation of the letter breached the copyright of Dansk and also amounted to a misuse of confidential information.
Justice Kitchin held that the letter was a work that qualified for copyright protection. Copyright may subsist in original literary work where a substantial degree of independent skill and labour has been involved in the creation of that work. There is no need for the content to be particularly creative or to contain inventive thoughts.
Any emails or letters which required a degree of skill and labour to create, and are not simply repetitions of previous works, may be protected by copyright. Companies should be aware of this before hitting 'forward' on receipt of business emails, or before copying and sending any letters or documents which could be said to contain an intellectual creation.
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