"A.E. Gelat" skrev i en meddelelse
...
Mette, why are you tackling this alone? There are hundreds, maybe
thousands, of people like you with that problem. Collective action is
required. Have you consulted a lawyer friend about what he thinks? It
will cost you nothing.
Tony, I received the letter with the ultimatum from Copy-Dan only yesterday,
Saturday, so there has been no time to consult anybody so far. I need no
lawyer friends, but a super professonal barrister, one who is specialized in
copyright legislation and intellectual properties, and who has absolutely no
connection with me in daily life, in order to stay totally objective. This
is not a case about my person, but a case about principal philatelic
interests. I have made up my own thoughts and arguments, and am ready for a
meeting during this coming week. We shall see what happens.
Thanks for your support :-)
Mette
Tony
"amesh" wrote in message
k...
Thanks to all of you for your immense support, both here on this group
and privately. I never realized that I had so many friends out there,
both among the regulars on RCSD and among the lurkers :-) I shall now
hide away for a while and think the situation over before taking any
actkon. I have some ideas, but need to air them in connection with legal
advice. A rather turbulent weekend is over, starting with that infamous
letter on Saturday morning!
For the moment the files in question are removed, and life goes on. The
whole thing is not sooo disastrous, as I can still show any artist in any
context up to 1935, provided that the artist involved was dead in 1935 or
earlier; from next year until 1936, and so on. I will for sure not be
"out of the market" because of this! ;-)
Thanks again to all of you, and
Best regards
Mette
"amesh" skrev i en meddelelse
k...
This is an ooold question, raised by me about 2-3 years ago, but here
goes again.
I have recently been contacted by the Danish Copyright Organisation
(Copy-Dan), who has notified me that according to European copyright
legislation it is not allowed to show stamps or philatelic material on
the Internet, insofar such stamps depict artworks by artists who were
still alive within the latest 70 years. Such material may only be shown
in public on condition that an explicit permission has been obtained
from the artist's estate, or if a substantial due is paid to Copy-Dan to
protect the estate's (or the still living artist's) legal rights.
Example 1.
Pablo Picasso died in 1973. His art works as a whole are protected from
being shown in public until 70 years after his death, i.e. they can only
be shown on the Internet or other public exhibitions in 2043 (!), unless
the exhibitor can provide a written permission from the estate (or the
copyright owner) or pays a *very* substantial due to Copy-Dan for the
permission (for a limited period of 1 month). Any art work -- whether on
stamps or not -- may not be reproduced without the explicit written
permission of the estate, or payment of dues to Copy-Dan for the
permission.
Example 2.
Arnold Machin died in 1999. The case is the same as for Picasso, and
stamps designed by Machin may not be shown on the Internet or elsewhere
in the public before 2069.
Esample 3:
A living post war artist, who has had the luck of having one of his art
works published on a stamp by a postal administration (of whichever
nationality), can not have his/her art work on the stamp shown in public
until 70 years after his death (whenever that may be). Given that
he/she is still alive and may easily live for another 30 years, his work
on stamps is not admissible to the public for the nest 100 years -- even
when issued legally on a stamp !!!
It is unimportant to Copy-Dan that stamps and philatelic material may be
legally issued by a national post office for postal purposes. Copy-Dan
does not consider the issuing postal administration (of whichever
nationality) the legal copyright owner with regard to showing art stamps
and related philatelic material on the Internet or special museum
exhibits, as long as the artist is still alive or hasn't been dead for
at least 70 years. The rigid interpretation is that the artist must have
passed away 70 years prior to the issues in question -- if not, either
the exhibitor produces a written permission from the artist / his
estate, or pays his dues as settled by Copy-Dan.
I know of a recent case in Great Britain, where the National Gallery in
London had planned an exhibit of the Art Nouveau artist Alfons Mucha in
collaboration with the Czech National Gallery. The exhibit was stopped
by Mucha's estate, claiming that Mucha died "only" in 1939, and that the
exhibit could therefore not be shown legally before 2009. There are
other similar cases in Europe, based on this rigid interpretation, which
have nearly ruined the exhibitors who have worked in good faith.
Copy-Dan has sent me a looong list of sister-organisations throughout
the world, and notified me that they will chase anyone in any country
(through their network) offending the interpretation of the current
copyright legislation, which is applicable within the EU and all
affiliated nations in Europe and the Mediterranean Area.
How are things working in *your* country?
--
Best regards
Ann Mette Heindorff (Mette)
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