Legal Question in Intellectual Property in New Jersey
A Cemetery Association operating within New Jersey had given documents to the local Historical Society. I don't think there were any terms or restrictions. The Trustees of the cemetery were not aware of the importance of these records and the need for reference in daily operations as there were no other records available regarding burial plots and ownership of the individual graves, etc.
Now the Trustees have become aware that these records are important even for normal business as reference and audit trial. The Historical Society is balking at returning the documents. I think the Cemetery Association owns the records and even though they gave them over to the Historical Society, they now realize it was a mistake. What are the cemetery Associations rights? Aren't the records their property or did the act of giving them to the Historical Society relinquish that right? How can this matter be resolved? Is there a court of law to mediate?
1 Answer from Attorneys
That one doesn't come up very often. Here are some thoughts: It seems that the Cemetary Association ("CA") intended to make a gift of the records and, in fact, completed that gift by delivering the records to the Historical Society ("HS"). Mistake in the legal sense is not present. Unconditional, completed gifts are irrevocable. Therefore, it is not likely that a court of law would compel the return of the records. However, it is apparent that, although the CA intended to make a gift of the records, it did not intend to also gift the exclusive use of the information contained in them. Additionally, my guess is that a case could be made that the CA needs the information in order to fulfill its obligations under NJ law, knowledge which is charged to both parties. So, it is at least possible that a chancery court would order the HS to permit the CA to make copies of the records at the CA's expense.
See also: http://info.corbettlaw.net/lawguru.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
