Text Version


however, that the appointment of such Committee was from the
very beginning an integral part of the entire plan.
        Thus there is persuasive evidence that not only did
President Roosevelt fail to reserve any common law property
rights in his correspondence, but, on the contrary, that he
intended to surrender all rights along with the transfer of
title and physical possession to the government.
 
     (b) The Gift and Transfer of F.D.R.'s Papers to the
        Government Was a Transfer of Title and Right to   
        Possession for a Specified Purpose Only, Subject to 
        the Restrictions Placed on the Gift by the Donor,
        and that he Retained All Other Rights, Such as
        the Right to Control Publication.
 
       The only sound approach in support of this conclusion
is to regard the gift of the papers to the government as a
transfer of title and the right to physical possession only.
In other words, that the government acting through the
Library stands in much the same position that the original
recipient of a letter occupies. Under this interpretation
of the gift, the government as owner of the documents has
all the incidents of such ownership with the duty of
preserving then and making them available as source
material to students and historians for purposes of
historical study and research. Using the argument that has
been rejected by the courts in the more recent cases
involving literary property rights in writings transfered
by sale, the Trustees could insist that unless and until
there is an adjudication to the contrary, F.D.R., by
failing to specifically mention publication rights in
 
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