JAMES HEWITT is free to sell the love letters from Diana, Princess of Wales, but her estate retains the copyright to their contents.

Duncan Lamont, media partner and intellectual property specialist at the law firm Charles Russell, said that although the pieces of paper belonged to Major Hewitt the words belonged to the late Princess. “Anyone buying these letters would not be able to publish them without breaching the copyright which belongs to her estate,” he said. “They could give a gist of what was there, but no more.”

The 64 letters could still be valuable to a museum or collector. Mr Lamont said that they could charge an access fee for researchers who, under strict conditions, could draw on their contents for their work. He added: “In another 65 years, when the copyright has expired, they would then be free to do with them what they wish.” At present, executors of Diana’s estate could block publication by seeking an injunction. If that failed they could sue for damages for breach of copyright, provided that publication did not take place in a country that did not abide by copyright conventions.

Mark Stephens, media lawyer with Finers Stephens Innocent, who advised Major Hewitt at one stage when the letters were reported to have been stolen in 1998, said that the former officer had not agreed to any conditions when the letters were returned to him, and that he was therefore free to sell them. But if the contents were disclosed, then the executors arguably could bring legal proceedings for breach of confidence.

The letters’ content would count as confidential, and in such a case the confidence would be owned jointly by the sender and recipient. “Both Major Hewitt and the executors would have to agree to disclosure,” Mr Stephens said.

But the issue of confidence was complicated by the fact that letters had been to a newspaper, and then handled by various palace officials, and it could be argued that their confidentiality had been lost. In any case, the sale could lead to legal proceedings. Michael Coleman, lawyer for Mr Hewitt, confirmed yesterday that the letters would be sold, probably at auction. He said he hoped that there would be no dispute over copyright for prospective purchasers, although that would be for them to sort out.

A spokesman for Lawrence Graham, solicitor for the trustees of Diana’s estate, would not comment.

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