Record

CollectionGB 0231 University of Aberdeen, Special Collections
LevelFile
Ref NoMS 3750/1/7/1
TitleCorrespondence regarding dispute over authorship and copyright
Date1945 - 1960
Extent1 file
DescriptionCopy of a letter from Faber to Lockhart regarding an agreement made between them on 9 October 1943 to produce and publish a Textbook of Anatomy for massage students, 1 February 1945. This is the same letter as that found in the general correspondence MS 3750/1/6.

Letter from Lockhart to Hamilton certifying that all royalties received by Lockhart from Faber will be shared equally between the three authors, 6 March 1956. With a copy of the same letter sent to Fyfe.

Copy of a letter from Lockhart and Hamilton to Fyfe [now living in Halifax, Canada], thanking Fyfe for his index and notes, and relaying news of Aberdeen's severe winter, Lockhart's rhododendrons, a meeting of the Anatomical Society, and Lockhart's recent illness, 15 March 1956. The letter also mentions Lockhart and Hamilton's concern regarding the legal position of Fyfe's idea to 'cyclostyle enough copies of your write-up of the abdominal viscera to cover your class of 70', as the text and illustrations in proof format belong to Faber. States that the complete text is to be in MacLehose's hands by the end of April and that Faber hope to publish the textbook in early 1957. [See Fyfe's letter, dated 27 February 1956 in 'Lockhart's letters to Forest W. Fyfe MS 3750/1/9].

Copy of a letter from Lockhart to Fyfe regarding the correction of proof copies and congratulating Fyfe on receiving an award from the Canadian National Research Council, 22 October 1956. Lockhart writes 'By this time possibly you will have seen the new book from six departments. When Le Gros Clark lectured here upon the Piltdown Forgery he said that he had done his section some ten years ago and, of course, you would notice that Appleton is one of the contributors. We all think that our illustrations are far superior, and we are to run at 700 pages with 950 illustrations'. Lockhart also mentions the 'Macmillan production'. The letter encloses a copy of the 'suggested preliminary leaflet which Faber will use before they follow it up with something much more elaborate giving specimen pages etc'. [See also MS 3750/1/8 and MS 3750/1/9].

Newsy letter from Fyfe to Hamilton and his wife, Margaret, saying that they are keeping up to date with what is happening in Aberdeen and at the University; describing the opening of the Kipling Room at the Arts Library during the Summer; Fyfe's first encounter with a Texan; University life in Canada; Quebec's 'deadlock' with the Federal government regarding grant money; and Elizabeth Fyfe's appointment as Secretary of the University Ladies Reading Club.

Letter from Oswald Hickson, Collier and Co., Solicitors, London, to Messrs. Hunter and Gordon, Aberdeen, regarding an Agreement between Faber and Hamilton about the 'Book on Anatomy', undated.

Copy of a letter from Lockhart to Fyfe regarding book prices and Lippincott's desire to publish the textbook in America, 31 July 1958. Mentions that Faber were planning to publish an 'expensive art work', also from MacLehose, at the same time as 'Anatomy of the Human Body'.

Letter from Hamilton to Du Sautoy remarking that he has not heard from du Sautoy and re-affirming his position 'that I provided considerable material for this book and should be consulted on how if at all it is to be published', 12 August 1958.

Letter from Hamilton to Professor MacRitchie regarding his treatment from Faber and Lockhart with regards to authorship recognition of the textbook, and seeking MacRitchie's advice and help on the matter, undated [September - October 1958].

Letter from Fyfe to Hamilton regarding their dispute with Faber and Lockhart, noting that he had been working on his section of the textbook since at least 1948, and referring to letters he received from Lockhart in 1956 and 1958 regarding their 'Agreement', 16 September 1958.

Letter from du Sautoy to Hamilton explaining that Faber has the right to publish the book under Lockhart's sole name as the company's agreement for the publication of the textbook is with Lockhart alone and 'from the purely legal point of view, we are not concerned with the agreements he has made with you and Dr. Fyfe to share royalties in recognition of the assistance you have rendered to him', 16 October 1958. States that Faber would be prepared to adopt the format showing joint authorship and encloses a sample title page in this style (not present). Enclosed with the letter was an agreement acknowledging shared copyright amongst the three authors (not

Letter from Hamilton to du Sautoy regarding Hamilton and Fyfe's position in relation to the legal dispute about authorship, present, 6 November 1958, . States that he cannot accept the draft agreement nor the example of page proof. Hamilton's annotation at the end of the letter indicates that he was to be in London for a meeting in late November and may be able to meet with du Sautoy to discuss the matter.

Letter from du Sautoy to Hamilton stating that Faber takes responsibility for the problems relating to authorship of the textbook and that they have changed their minds in regards to this issue, 2 December 1958. Du Sautoy notes that they now agree with Lockhart and quotes from a letter of 7 June from Lockhart to David Bland [Production Department, Faber], in which Lockhart states that he does not wish to appear as the main author and would not mind joint copyright with Faber. A copy of Bland's response to Lockhart's assertion is enclosed maintaining Faber's earlier opinion that the book should be called 'Lockhart's Anatomy', pointing out that the contract is between them and Lockhart alone and that copyright remains in Lockhart's name.

Letter from Hamilton to du Sautoy outlining the main points of agreement that came out of their meeting in London, 3 December 1958: 'it is recognised that Professor Lockhart, Dr. Fyfe and myself are accepted as joint authors equally by the Publishers according to the practice of the title page, dust cover, spine and advertisements. That the copyright belongs to the three joint authors equally and that the royalties are divisable equally among the joint authors according to the usual practice of the trade'. Also, notes that Hamilton's solicitors need to amend the draft agreement in regards to 'any possible challenge by one of the other parties to the agreement' and detailing these amendments.

Du Sautoy's reply to Hamilton, stating that Faber does not agree that further amendments to the agreement are necessary and that the matter has been referred to their solicitors, 11 December 1958.

Letter from Hamilton to du Sautoy describing in detail, the terms of the dispute and his suggested amendments to the new joint agreement, 22 December 1958.

Letter from Hamilton's solicitors, Hunter and Gordon, Union Street, Aberdeen, to Hamilton, 23 Decenber 1958, and undated letter from Faber's solicitors, Oswald Hickson, Collier & Co., London, to Hunter & Gordon, regarding the suggested amendments to the agreement. The letter between the two solicitors notes that Faber cannot accept Hamilton's suggested amendments and that Faber has made their own amendments, which they hope Hamilton will accept. With a copy of Faber's draft agreement, annotated 'Amended proposal by F & F, Feb. 1959'.

Further correspondence in a similar vein, regarding suggested amendments to the agreement and the friction between the authors and publishers.

Copy of a letter from Hamilton to du Sautoy acknowledging receipt of six gratis copies of the textbook, 24 April 1959. Praises the quality of the final copy and MacLehose's printing; notes that copies of the American edition were on display at the American Anatomical Congress at Seattle; mentions that the British publication date is 22 May; that the bibliography contains a couple of errors; that the authors did not see the proof before publishing; and wonders whether Faber intends to send Hamilton a blank interleaved set of proofs. Hamilton also writes that he was glad that Faber's solicitors were able to recommend a form of agreement acceptable to everyone concerned.

Aerogramme from Fyfe to Hamilton regarding his distribution of copies of the textbook, 8 May 1959. Also mentions his teaching commitments.

Telegram from du Sautoy to Hamilton congratulating him on the 'publication date your great book', 22 May 1959.

Letter from Hunter & Gordon, solicitors, to Hamilton, recommending that he should now agree to the draft agreement, 25 November 1959.

Letter from Bland [of Faber] to Lockhart regarding publication of a Spanish edition of the textbook by a Mexican publisher, 14 October 1960.
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Access ConditionsAccess permitted at the discretion of the Senior Curator, Special Libraries and Archives.
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