Re: [CR]An Open Letter To Jon Fischer / VeloBase And The CR List

(Example: Framebuilders:Tony Beek)

Date: Mon, 18 Feb 2008 17:07:57 -0500
From: "Sadiq Gill" <sadiqgill@gmail.com>
To: "R.S. Broderick" <rsb000@hotmail.com>
Subject: Re: [CR]An Open Letter To Jon Fischer / VeloBase And The CR List
In-Reply-To: <c76dc510802181353ic40350ai5d3d61f1b4d19110@mail.gmail.com>
References: <BLU135-W439A750EF37CEAC0B35C2E85210@phx.gbl> <BAY109-W41B2C5C726BBB39BF354EC9C210@phx.gbl>
cc: "classicrendezvous@bikelist.org" <Classicrendezvous@bikelist.org>
cc: "classicrendezvous@bikelist.org"

Mr. Broderick.....

Although I can appreciate that you are pissed at someone for hijacking your effort and not to burst your proverbial bubble.....but---as someone who kinda sorta does some of this for a living---I think your copyright analysis is flawed for several reasons. First and foremost, old catalogs may or may not be copyrighted depending upon their country of origin and how all of that was handled here in the states (if at all). I am guessing that much is public domain either by time or non-enforcement. Secondly, even if the work is properly copyrighted and you have a obtained permissive use, it is not your copyright to enforce. As a permissive user you have no rights other than those of your limited license. Lastly, and probably most fatal to the whole analysis is the fair use exception--which I would hazard a guess that parts and public sales info falls well within for the purpose of what the the VeloBase web site is undertaking. The fact of the matter is that the catalogs when issued or distributed had little or no commercial value. The value of the material was collateral to the parts and bikes that were being sold and distributed. Take a look at :

*Kelly v. Arriba Soft Corporation* (280 F.3d 934 (CA9 2002) *withdrawn*, re-filed at 336 F.3d 811(CA9 2003). Has to do with a search engine publishing thumbnails of a photographer's work; but, directly analogous to this set of facts.

Take care,