Interesting suggestion, but unclear what the point may be. Copyright liability is strict in the U.S. and other jurisditions with which I am familiar; for liability to attach it doesn't really matter whether you engaged in good faith efforts to find the copyright holder or not. In the U.S., once you've lost an infringement suit, I suppose that the paper trail might allow you to avoid an increased damage award for willful infringement under the 504(c)(2) statutory damages provision. But at the same time it suggests that you knew or should have known the material was protected by copyright, so that you coudn't raise the 504(c) "innocent infringer" defense to get lowered damages. In fact, it may be that the paper trail *demonstrates* that the infringement was willful. So this practice appears to cut both ways, not necessarily to your advantage. DLB P.S. Disclaimer again. On 27 Apr 2005, Gilbert B. Rodman wrote:
If the publisher wants you to get permissions, but you've got not ready access to the permission holders (or even any sense who those might be), there's always the sort of notice/disclaimer that reads something like: "every effort has been made to secure permission for use of copyrighted materials. in the event of a copyright query, please contact the publishers." Your publisher may not want to do that, but it's a common enough practice that it's worth asking about. If nothing else, it helps to demonstrate that you did, in fact, engage in good faith efforts to locate
relevant copyright holder -- especially if you keep a paper/e-mail trail of those efforts.
cheers gil
At 4/27/2005 @ 01:03 AM, you wrote:
Hi all,
I've run up against a problem that has my publisher stumped as well. If you're publishing a book or journal article and want to use pictures from a Web site, and you have the pictures but the site is no longer in existence, do you need permission? How would you handle this?
And also, what is the site still exists, but all emails to the authors of the site bounce?
Any help or pointers of where to look would be greatly appreciated. thanks! Mia
Mia Consalvo, Ph.D. Kohei Miura Visiting Professor Department of Communication, College of Humanities Chubu University Japan
Permanent address: Ohio University School of Telecommunications Athens, Ohio 45701 USA
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