[Coco] Fw: RAINBOW scans

[Lothan]

I think a few of you misinterpreted my meaning. I am not attempting to imply 
in any way whether the digitization effort of Rainbow back issues should or 
should not proceed. I was merely attempting to clarify a question regarding 
the possible intent of Lonnie's agreement.

As I said, I have no qualms whatever with digitally reproducing the back 
issues and I am not attempting to issue flame bait or to discourage this 
effort. I will not discuss this further since some of you are a bit too 
quick on the flame trigger. This is the primary reason I don't participate 
here very often.

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From: "Lothan" <lothan at newsguy.com>
Sent: Wednesday, August 13, 2008 7:31 PM
To: <coco at maltedmedia.com>
Subject: Re: [Coco] RAINBOW scans

> Rainbow had "first publication" rights with some of the authors, which 
> means Rainbow is legally allowed to publish the first copy of the article 
> but all further rights remain with the author. The agreement with Lonnie 
> effectively keeps Lonnie in control of the digital copies so he continues 
> to have "first publication" rights. I'm definitely not a copyright lawyer, 
> but I don't think these "first publication" rights can be transferred 
> since Lonnie has no authority over these rights. So, yes I believe you are 
> mostly correct when you say Lonnie could be held liable if he allowed 
> anyone to access digital copies of the magazine and anyone providing 
> access to digital copies can also be held liable.
>
> I don't know if anyone would dispute copyright given Rainbow hasn't been 
> published for so long. I certainly don't have any qualms with any of the 
> articles I wrote, but all of my rights are assigned to Rainbow anyway so I 
> have no legal bearing in the matter. Unfortunately, I have no idea whether 
> the death of Lonnie has any impact on the digitization and distribution 
> agreement so I won't say anything regarding this  lest I stick my foot 
> firmly in my mouth.
>
>