Poems in the Waiting Room

Hyphen 21

Poems in the Waiting Room

Hyphen-21 Statement

A hospital poetry poster scheme promoted by Hyphen-21, a social service registered charity run by Rogan Wolf, adopted the title, Poems for the Waiting Room, which closely resembled the copyright and registered title of Poems in the Waiting Room. The close similarity of names has led to confusion. The confusion has been extensive and persistent, and has involved items in the national press, funding bodies, among poetry organisations and poets contributing work, as well as confusion in NHS organisations .

The prime examples include the misunderstanding of the Arts Council Chief Executive, in addressing a letter to Rogan Wolf as the Director of Poems in the Waiting Room at Poems in the Waiting Room's registered address. A more questionable instance was the posting on the Poetry Society's web site of Hyphen 21 poetry, supplemented by a pretence "More from Poems in the Waiting Room at - Hyphen 21 hypertext link."

The Hyphen 21 poetry scheme is funded virually wholly by the Arts Council. Legal advice obtained by Poems in the Waiting Room concluded that Hyphen 21's actions constitute unlawful competition in the form of passing-off and copyright infringement.

A joint meeting of trustees of the two charities was held on 4 August 2007. It was accepted common ground that Poems in the Waiting Room has prior claim and the  copyright to its registered title. It was also common ground that the close resemblance of the poetry scheme title adopted by Hyphen-21 has caused confusion.

A formal agreement was reached between the trustees of two charities that Hyphen-21 will not in future use in any format the title Poems in the Waiting Room, or, by reason of its similarity and possible confusion use the title Poems for the Waiting Room. Hyphen 21 transferred any right or claim it may have to the copyright or the use of this title to Poems in the Waiting Room. For its part, Poems in the Waiting Room assigned copyright to various titles to Hyphen-21 for its exclusive use, but excluding any use of the title or term combining poem or poems with waiting room or rooms. Allegations against Hyphen-21, reflecting the legal advice received by Poems in the Waiting Room were withdrawn. It was also agreed, as a concession that recall of existing material was not necessary, while old stock may still be distributed with an agreed cover note stating that the title is out of date.

The agreement satisfactorily meets the concerns of Poems in the Waiting Room arising from the dispute to title, subject to its strict implementation by Hyphen 21 and by any agent or agents they employ.

Poems in the Waiting Room has made a formal offer to Hyphen 21 to draft a codicil to the August 2007 agreement that would provide Hyphen 21 or their agents greater scope for reference to their previous publications in fund raising and in launching new poetry posters. Further, a conventional application to use copyright material will be considered and approved where there is no risk of passing-off or confusion. Hyphen 21 has failed to respond.

Message from a Waiting Room

From Medical Centre - To Editor PitWR 2.49pm 31 August 2007

Hello!  Thank you so much for this wonderful project. You kindly sent us some A4 poems for the waiting room - they are the ones transcribed into many different languages. Would it be possible to send us a pack of simply English language poems? This would be more appropriate for our patient population - though not to say that we do not also appreciate the ones we have!.. I will ensure that we send a donation to you as soon as I get them. Very many thanks Helen Practice Nurse

From Editor PitWR - To Medical Centre: 3.16 pm 31 August 2007

Dear Helen Many thanks! Our poetry cards are all English poems with just the occasional translation (without the original language)! If you wish I can now mail one dozen A4 Poetry Posters - again all in simple English. Let me know.

On poems in different languages, you might be confusing us with another project which bizarrely sends out foreign language poems! I do not feel such poetry is in any way are suitable for patients. With all good wishes Michael Lee Editor Poems in the Waiting Room

From Medical Centre - To Editor PitWR: 11.59am 2 September 2007

Dear Michael No, yours are the poems we have - the set we have does have the English on them as well - I realise that I didn't add that! But the vast majority are tranlations into English from Hindi, Arabic etc etc. We would love it if you would be so kind as to send the simple English ones.... All the best Helen

From Editor PitWR - To Medical Centre: 3.32 pm 2 September 2007

Dear Helen I am intrigued. Could you let me know when you received the poetry posters you mention with a Foreign lanuage poem plus English translation? An Arts Council funded scheme, known as Hyphen 21 has been using a name very similar to our's: it sends out the type of poetry that the Arts Council insist patients should read!... Our editorial policy is wholly patient led.

If you look closely I think you will find that the Poetry Posters you mention were sent out by Poems for the Waiting Room - and carry an Arts Council logo.....

Could you let me know also if the Centre has yet received the batch of our recent Autumn edition. They were mailed last week. If you wish, I will also mail a batch of our own poetry posters. They are all English language and present only poems in English from our poetry card series.

With all good wishes Michael Lee Editor Poems in the Waiting Room.

From Medical Centre - To Editor PitWR: 5.46 pm 3 September 2007

Dear Michael Oh, I see! I will be in the surgery on Wednesday and check. I don't know how they would have got our address; perhaps I have been in a bigger muddle than usual. We did get the Poems IN the Waiting Room batch of poems (orange colour with Sally in Our Alley being the first one). There were not very many; we could use LOADS more! (Very happy to contribute financially.) Yes, we definitely want A4 posters. Thank you. Until Wednesday..... Helen

From Medical Centre - To Editor PitWR: 11.55am 11 September 2007

Dear Michael  You are quite right. The A4 posters were from Poems FOR the Waiting Room. They are inappropriate for our surgery. And to think we must have sent them some money! Goodness knows how they got hold of us. Look forward to receiving YOUR posters. Sincerely Helen

From Editor PitWR - To Medical Centre: 2.41 pm 11 September 2007

Dear Helen This clears up the mystery. You could always ask for the money back! I have sent the Centre a collection of our poetry posters and another batch of poetry cards last week. Do let me know if they fail to arrive. Regards Michael