[projectaon] Re: Possibly more on Trevor Newton
- From: Ingo Kloecker <projectaon@xxxxxxxxxxxxxxxx>
- To: projectaon@xxxxxxxxxxxxx
- Date: Fri, 06 Mar 2009 22:26:22 +0100
On Friday 06 March 2009, Benjamin I Krefetz wrote:
> On Fri, 6 Mar 2009, Ingo Kloecker wrote:
> > On Friday 06 March 2009, Benjamin I Krefetz wrote:
> >> On Fri, 6 Mar 2009, Ingo Kloecker wrote:
> >>> On Friday 06 March 2009, Simon Osborne wrote:
> >>>> Sam Seaver wrote:
> >>>>> I contacted the writer of this blog:
> >>>>>
> >>>>> http://bearalley.blogspot.com/2007/02/david-roberts.html
> >>>>> http://bearalley.blogspot.com/2008/12/flagrant-self-promotion-a
> >>>>>rt -o f-war.html
> >>>>>
> >>>>> Who, on these two pages, mention an artist/editor named Trevor
> >>>>> Newton. I didn't mention Project Aon, I just enquired after the
> >>>>> man. Steve Holland wrote back within the hour and apparently,
> >>>>> the Trevor Newton he mentioned died in 2002, aged 77.
> >>>>
> >>>> Ah. That would certainly explain the dearth of output since
> >>>> 2000.
> >>>>
> >>>> :-\
> >>>>
> >>>> Jon, what is the best thing to try next? In the event of death,
> >>>> copyright passes on to the next of kin. However, there's no
> >>>> saying that Mrs Newton is still around, and trying to trace the
> >>>> actual holders to the second or third generation looks to be
> >>>> even more difficult than finding out about the man himself.
> >>>>
> >>>> My personal opinion is that we should go ahead and use his
> >>>> artwork, since the copyright is now in such muddied waters. It
> >>>> is clearly not depriving anyone of revenue, we've made a real
> >>>> effort to track the holders down, but it has not proved
> >>>> possible. Should anyone come forward and ask us to remove it, we
> >>>> could--it is most doubtful that would ever happen. Indeed, it's
> >>>> most likely that the current copyright holder (Mr Newton's
> >>>> children or grandchildren) is unaware of his work for one book
> >>>> by an 'obscure fantasy author'. ;-)
> >>>
> >>> I don't think we should use his artwork without his or his heirs'
> >>> consent. Apart from it being illegal, it's also just not right to
> >>> do so. After all, we expect everybody to respect the Project Aon
> >>> License. Moreover, a copyright infringement lawsuit could easily
> >>> be the death of Project Aon.
> >>
> >> I'm with Simon on this. We've made a good faith effort to track
> >> him down. In the very unlikely event that the current copyright
> >> holder discovered we were using his work and actually cared, I
> >> think a cease and desist order would be much more likely than a
> >> lawsuit.
> >
> > Even a cease and desist order will cost quite a bit of money.
>
> Uhh... how's that? The whole point of a cease and desist is that the
> copyright holder just wants you to stop using their works, and if you
> stop they won't take you to court or seek damages. I don't know if
> it's different in countries that don't use British Common Law, but
> since the copyright was established in the UK, it's moot.
>
> http://en.wikipedia.org/wiki/Cease_and_desist
I'm not talking about damages.
In Germany, the lawyer who drafts the cease-and-desist letter will ask
for reimbursement of his costs. And lawyers are expensive.
Regards,
Ingo
~~~~~~
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