Re: [CR]Copyright in This Digital Era

(Example: Framebuilding:Tubing:Falck)

Date: Fri, 19 Aug 2005 07:12:06 -0700 (PDT)
From: "Brett Horton" <bretthorton@thehortoncollection.com>
Subject: Re: [CR]Copyright in This Digital Era
To: classicrendezvous@bikelist.org


The reality of prosecution for putting up a 25+ year old catalog of components on ones web site is likely pretty remote. While in theory a suit could be immediately filed, a more moderate and typical approach in a soft infringement matter like this is for the copyright owner to send a letter demanding withdrawal of the material in question. At the end of the day, the plaintiff needs to think long and hard about dropping a very large sum of money in legal fees to pursue this type of action. A part of that decision would likely rest on the plaintiff's perception of you as a competitor. (ie Are you selling fake Rolex?) Another part of the decision would be their obligation to protect their copyright. In court, if a defendant were to demonstrate that plaintiff time and again knowingly looked the other way on copyright infringement, the fear is a jury might conclude that plaintiff had compromised copyright and as a result not side with plaintiff.

Completely generalized, as Americans we seem to be rather quick to threaten or execute legal proceedings. Likewise, we often let our own fear of potential liability turn us in to simpering pansies.

Personally, I have every intention in the world of creating digital files of my vintage catalogs and putting them up on my web site. I want to share this stuff. I have some really nice early French and Italian racing bike catalogs that are visually awesome. All from the the 1800's through WWII, running the gamut of racer endorsements from Major Taylor to Ottavio Bottecchia.

Brett Horton San Francisco, CA

On 8/18/05, Kurt Sperry <wrote">haxixe@gmail.com>wrote: There is high-minded theory and there is real-world practice in law. The two are only vaguely related. Has anyone ever been hassled for putting 25+ year old bike catalogs online? I'm guessing no. <snip> Part of life is the sensible management of risk. Do the math.