[Coco] RAINBOW scans
Lothan
lothan at newsguy.com
Wed Aug 13 22:31:11 EDT 2008
> That said, a copyright is only as good as the enforcement. With Lonnie
> gone I don't think anyone is interested in copyright protection of the
> Rainbow magazine. Lonnie's only concern was that he could be held liable
> for copyright violation if he just gave permission to let the magazines be
> freely distributed because of the contract terms with the various writers,
> or if the programs were used in some way that violated the contract. I
> really think that was bogus, he just didn't want his "baby" to be
> discredited in any way. I talked to him about taking the Rainbow over
> years ago, right before publication ceased, and he just wasn't interested.
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.
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