DCC 84/2005, 89/2005

This case involved the rights of a university professor on the publication of their research. There had been an agreement for this work to be published by the Awards Foundation but not in the exact way it was. Key points included what constituted publishing.

Background

The Appellant worked as an environmental sciences professor at the Faculty of Science of a University and completed scientific research, which the Respondent (in his capacity as representative of the Awards Foundation) promised to print and publish as a separate book and not as part of the foundation's chain of publications. They had asked the Appellant to withdraw the research from the University.

Following their verbal Agreement, the Appellant submitted the research to the Respondent who breached his promise and published it as part of the Foundation's chain of publications notwithstanding the Appellant's objection. The book also contained names of editors who did not work on the book and the Respondent distributed the book at the Foundation event on 22/4/2001 to the invitees. No written agreement was signed as it was postponed until after the printing process and never materialized.