So why have I dug up this case from nine years ago? Well readers in the UK will be aware that the Guardian newspaper recently won an extended 5 year battle which went all the way to the Supreme Court, to have a number of Prince Charles's letters (the so-called Black Spider memos) which had been sent to government ministers, released under the Freedom of Information Act. Although several different arguments were advanced as to why they should not be released, copyright was not one of them. Why not, given the success of this approach in the earlier 2006 case?
50 Acts done under statutory authority.
(1) Where the doing of a particular act is specifically authorised by an Act of Parliament, whenever passed, then, unless the Act provides otherwise, the doing of that act does not infringe copyright.