[projectaon] Re: Possibly more on Trevor Newton

  • From: Benjamin I Krefetz <krefetz@xxxxxxxxxxxxxxx>
  • To: projectaon@xxxxxxxxxxxxx
  • Date: Fri, 6 Mar 2009 16:08:52 -0500 (EST)


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

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