I, too, am not a lawyer, but I sort-of play one in a college classroom in the
guise of a Journalist-in-Residence who teaches, among other things, a course in
Media Law.
Geoff's characterization of current U.S. copyright law is essentially correct,
especially the parts about the variable need or benefit of formally filing for
copyright protection via the Library of Congress, and the almost automatic
75-year life of the copyright following the death of the author.
I don't particularly endorse Geoff's notion of simply duplicating the site
until/unless someone representing the estate objects. Suggestions by others,
especially Paul who is in contact with the family, seem the more appropriate
approaches.
Whatever the method, I think preserving this site is a noble effort, and I
salute and thank all those who are generously trying to make it happen. A
wonderful example of true ham spirit that I'm sure would be heartily approved
by W8KC.
Mike, K0MYW
________________________________
From: geoffrey mendelson <geoffreymendelson@gmail.com>
To: tentec@contesting.com
Sent: Wednesday, January 15, 2014 9:47 AM
Subject: Re: [TenTec] W8KC Virtual Ten*Tec Museum
On 1/15/2014 5:13 PM, 73@73.am wrote:
> It is always important to be courteous and proceed with respect in things of
> this nature. I think you hit it right on the head about pecuniary value, so
> it really isn’t worth shoving a 500+ page contract under the noses of all
> people with a potential contingent estate interest in something of claimed
> but not actual copyright. Our intent would be merely to have a small Ten-Tec
> memorial honoring W8KC, who was a personal friend of mine.
>
>
I am not a lawyer, but in the mid 1980's US copyright law was changed so that
everything anyone does is automatically copyright protected. Filing a copy with
the US Library of Congress improves the process of suing someone for
infringement. But not doing anything does not leave something without
protection.
If he claimed it was copyright it was and will be until 75 years after his
death. The reason why I say if he claimed, there are various copyright licenses
one can use such as the creative commons license to allow distribution without
profit. From what I saw of the website he did not make any allowances for use
by others.
At this point you can either contact his widow and ask permission, or copy the
site and hope that no one bothers you about it. Not much, if anything in
between.
Geoff.
-- Geoffrey S. Mendelson 4X1GM/N3OWJ
Jerusalem Israel.
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