NALC Model Documents, briefings, and Legal Topic Notes - Copyright Warning

As LRALC and NALC have had full membership in Leicestershire and Rutland for many many years the issue of copyright of, and access to, NALC model documents, etc., has never been an issue for us before. However, in other areas of England, CALC/NALC membership isn't as high (usually because the range of services offered to members isn't as comprehensive as at LRALC), and the issue of misuse of copyrighted materials is more of an issue.

However, having seen the first member council in my 13 years in post choose to leave membership, it is worth making member councils aware of NALC's position on such resources.

We have reproduced below NALC's standard communication to councils where copyright breach is suspected. The approach is intended to be conciliatory, but also clarify that there are limited options if councils wish to continue using new NALC resources.

"It has come to NALC's attention that XXX Parish Council withdrew from NALC and CALC membership and since then the council has used the NALC model financial regulations whilst out of membership. Specifically published on your website.

The council may not be aware that this model document is produced exclusively for councils in membership of NALC and their local county association and is covered by NALC's copyright.

I am pleased that this document is seen to be of value to the council, and with membership of NALC and CALC the council would have access to many other model documents, resources and services, including regular updates to these model financial regulations. So I would like to politely suggest two options:

The council produces a new set of financial regulations that are not based on the NALC model

OR

The council reconsiders its membership of NALC and the local County Association of Local Councils

I do understand that this might take some time to action and a response confirming receipt, confirming that the council will consider this proposal and what a reasonable timeframe might be would be sufficient.

We would be keen to find a positive solution and as part of that I hope we can highlight the wider benefits to the council if xxx Parish Council were to come back into membership.

Do let me know if you have any questions or would like more information"

Please note that NALC is an entirely separate body to LRALC, and we have no control over their policing of their copyright. However, we are fully supportive of them protecting their interests in this area. On the open market NALC's resources have considerable commercial value (think how much a solicitor would charge to draw up model Financial Regulations for the your council), and as both NALC and LRALC are not-for-profit bodies that operate to a similar ethos as co-operatives, it seems exceptionally unfair to all other member councils that a council who has not contributed towards the cost of production of the resources available from NALC get to benefit from them, especially when the reason given for leaving is that the council does not need the support offered by NALC and LRALC.