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Poems in the Waiting Room |  |
| Re Hyphen-21 |
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Re Hyphen-21 Background Hyphen-21, a registered charity run by a social service worker, adopted a title Poems for the Waiting Room for a poetry project. This title is virtually identical to the title of Poems in the Waiting Room (PitWR). The similarity led to confusion between PitWR, by then a popular well established national charity, and the new comer. Since Hyphen 21's usage was a subsidiary, and not a registered title of the charity, the Charity Commission could not assist. The confusion affected national arts bodies, public and private funding bodies and trusts, health service medical and supporting staff, as well as poets and poetry organisations. The confusion was compounded by postings on web sites of Hyphen 21 material, but using the PitWR title, and then showing hypertext links, 'More from Poems in the Waiting Room at' Hyphen 21 web sites. To remedy the confusion, following formal complaint, the trustees of Hyphen 21 proposed an arrangement under which Hyphen 21 undertook not to use the title of Poems in the Waiting Room in any form in its own publicity and assigned copyright in Poems for the Waiting Room to PitWR. The proposals were agreed at a joint meeting of the trustees of both charities. Problems persist. The agreement has not been strictly followed. Objections to alleged infringements have been ignored. The problems of confusion remain current. A copy of the agreement is published below for convenient reference by those entangled in the issues. Hopefully, over time, the impact of Hyphen 21's use of a virtually identical title may diminish. Hyphen 21 now uses a generic title for its poetry project. The focus has moved from health to multiculturalism with publication of bilingual poetry posters. The distribution too has changed from producing hard copy to downloading poems from web sites, with the major interest coming from schools. These changes may eventually lessen residual problems. If so, the intrusion by Hyphen 21 into PitWR affairs would become only a regrettable episode of history - or at worst a festering nuisance! There will always be those who clamber on the back of others' attainment. It is a price of success. Agreement with Hyphen 21 Proposals by the Trustees of Hyphen-21: Agreed by Trustees of Poems in the Waiting Room Hyphen-21Company number 2925831Charity number 1040077 To: Poems in the Waiting Room Limited and its directors/trustees Company Number 04836215 Charity Number 1099033 1. Hyphen-21 will not at any future time use in any connection or format (i) the title "Poems in the Waiting Room" nor (ii) any title such as "Poems for the Waiting Room" which might be capable of causing, by reason of its similarity, confusion or possible confusion with "Poems in the Waiting Room". For these purposes of this agreement "Poems" and "Room" include their forms "poem" and "rooms". 2. Hyphen-21 may however use in any connection or format the titles "Poems for Hospitals", "Poems for Health", "Poems for Patients", "Poems for Homes" and "Poems for Schools " and any other titles having no similarity to "Poems in the Waiting Room" or "Poems for the Waiting Room" (other than the use of the introductory words "Poems for....") provided always that the phrases "waiting room" or "waiting rooms" are not used in any form. 3. Hyphen-21 hereby transfers to Poems in the Waiting Room Limited any right or claim it may have to copyright in or to use the titles "Poems for the Waiting Room" and "Poems for Waiting Rooms". 4. Poems in the Waiting Room Limited hereby transfers to Hyphen-21 any right or claim it may have to copyright in or to use the titles "Poems for Hospitals", "Poems for Health", "Poems for Patients", "Poems for Homes", and "Poems for Schools" and agrees not to use any of those titles. 5. The allegations against the directors/trustees of Hyphen-21 set out in a letter from Poems in the Waiting Room Limited dated 18th. June 2007 are withdrawn and will not be repeated, and it is accepted that the directors/trustees of Hyphen-21 have no personal liability for the problems which arose. 6. Material or stock distributed by either charity before the date of this agreement need not be recalled, but any stock as yet undistributed will not be used or distributed if its use would be contrary to this agreement. Any necessary changes to websites and written materials will be effected by each charity as promptly as reasonably possible to comply with the terms of this agreement. 7. Hyphen-21 may however distribute its existing packs of posters (approximately 1,000 of them) already printed, provided they are accompanied each time by a short letter in terms approved in advance by Poems in the Waiting Room Ltd explaining the title on them is out of date. Approval of the terms of such short letter is not to be unreasonably withheld. A second copy of this letter is enclosed which please countersign and return to John Griffiths to confirm these terms are agreed. Fiona Trotty Secretary Hyphen-21: John Griffiths Chairman Hyphen-21 Signed for and on behalf of Poems in the Waiting Room Limited F Michael Lee Executive Chairman: Cynthia T Roberts Secretary: Elizabeth Patience Trustee Poems in the Waiting Room. 4 August 2007
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| pitwr@blueyonder.co.uk | 04-11-2009 |