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-art -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 Ben ~~~~~~ Manage your subscription at //www.freelists.org/list/projectaon