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Location: UFOUpDatesList.Com > 1997 > Oct > Oct 25

Re: More on the Gulf Breeze copyright issue

From: RGates8254@aol.com
Date: Sun, 19 Oct 1997 21:50:32 -0400 (EDT)
Fwd Date: Sat, 25 Oct 1997 19:55:43 -0400
Subject: Re: More on the Gulf Breeze copyright issue

In a message dated 97-10-19 20:11:55 EDT, you write:

>  From: c549597@showme.missouri.edu [Barbara Becker]
>  Date: Sun, 19 Oct 1997 11:21:12 -0500
>  To: UFO UpDates - Toronto <updates@globalserve.net>
>  CC: mcashman@ix.netcom.com
>  Subject: Re: UFO UpDate: Re: More on the Gulf Breeze copyright issue

>  > To: updates@globalserve.net
>  > From: Mark Cashman <mcashman@ix.netcom.com>
>  > Subject: More on the Gulf Breeze copyright issue
>  > Date: Tue, 14 Oct 1997 02:27:05 -0700

>  > On p 134 of the MUFON Symposium proceedings, 1988...

>  > "In early December, the National Enquirer contacted Duane Cook
>  > about buying rights for a one-time publication of the photos he
>  > had published. The Enquirer offered Duane several thousand
>  > dollars for these rights. Since Mr. X had indicated that Duane
>  > could have the photos, Duane accepted the offer."

>  The only thing this confirms is that Duane Cook KNEW, when no one
>  else did, that Ed Walters was "Mr. X."  For your information,
>  regardless of how you decide you want the law to be, ED WALTERS
>  owns the copyright, (registered at the LOC) for photos 1 through
>  19 on his first copyright registration.  So if Duane Cook "gave"
>  the photos to the ENQUIRER and if they used them "ONE TIME", then
>  it was with ED WALTERS NOT DUANE COOKS permission.

>  > I think there are two things clear from this about journalistic
>  > attitude toward copyright with regard to anonymous photos. 1)
>  > Cook believes that the Sentinel owns such photos and can legally
>  > sell rights pertaining to them, and 2) the Enquirer agrees, since
>  > they contacted Cook to make the deal.

Having myself been in the journalistic/newspaper business several
things come to mind. I have been seen many instances over the
years of newspapers "publishing" unique photos that were later
"officially copyrighted/registered" by the owner of said photos.
Also many newspapers have people sign a publication release
either limited or general  which allows them certain rights, and
restricts the owner on his use for a certain period of time, i.e.
so the photos don't show up in the competition newspaper the same
day.

As long as Ed Walters doesn't pursue the issue in court, the
whole thing is a mute point.

>  The ENQUIRER contacted Cook because he knew how to contact Walters.

>  > Note that these are not the Believer Bill or Jane photos - Cook
>  > actually has a contact with regard to these photos, unlike the
>  > situation with Bill or Jane where total anonymity is the case.
>  > Yet Cook still accepts the offer. This would tend to substantiate
>  > that he would believe he would have the right to assign copyright
>  > to Ed.

>  Cook cant "assign" anything to anybody.  He doesnt own any of the
>  photos nor does he own the copyright.  No matter how hard you
>  wish Dorothy, it aint gonna happen.

>  BB

I can tell you haven't been to involved in the
journalistic/publishing side of life.  This sort of thing happens
in the publishing industry.  For example if I submit an article
and photos to newspaper X or magazine Y, and I sign a
contract/release at or before the time of publication THAT
PUBLICATION CAN LEGALLY CLAIM COPYRIGHT even though the photos
were MINE and the article came from my head.  AGAIN IT ALL
DEPENDS ON WHAT SORT OF RELEASE/CONTRACT WAS SIGNED BETWEEN ED
AND THE NEWSPAPER.  Another example is Oped pieces of letters to
the editor.  In theory once published they can be covered under
the publications copyright umbrella unless the author otherwise
specifies.

Over the years, again depending on the release/contract that was
signed, if the author/owner say wanted to include that story and
photos as part of a book, he would have to request permission
from the magazine originally submitted to.

Cheers,
Robert




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