On the book deal, a good way to structure this (i.e. achieving the same objective, but in a legally compliant way) would be for perhaps with CEA / EVF owning the copyright. In that way, they can receive all the proceeds or structure the deal such that all proceeds get diverted elsewhere. This might well have been what they did.
If it was indeed structured with Will receiving money and then donating it onwards, then at a minimum he should have recused himself from the decision-making on that issue (which he might well have done) but probably should have stood down as a trustee because of its materiality.
I don’t think it’s right to focus just on the books actually purchased by EVF. If a charity spends money promoting a trustee’s book, that trustee is receiving a direct benefit from that charity and should stand down if it is material.
On the book deal, a good way to structure this (i.e. achieving the same objective, but in a legally compliant way) would be for perhaps with CEA / EVF owning the copyright. In that way, they can receive all the proceeds or structure the deal such that all proceeds get diverted elsewhere. This might well have been what they did.
If it was indeed structured with Will receiving money and then donating it onwards, then at a minimum he should have recused himself from the decision-making on that issue (which he might well have done) but probably should have stood down as a trustee because of its materiality. I don’t think it’s right to focus just on the books actually purchased by EVF. If a charity spends money promoting a trustee’s book, that trustee is receiving a direct benefit from that charity and should stand down if it is material.
I imagine EVF owning the copyright would prevent Will from benefiting from any sales of the book, including ones by unrelated third parties.
Correct, but if he intends to give away 100% of the proceeds (and presumably considers EVF effective), it has the same effect.
My comment was not to say “he should do x” but instead say “if he intends to do x and remain a trustee, this is a good way to structure it”.