[Sca-cooks] re: menu copyright?

[Terry Decker]

>> With EEBO or ProQuest you are operating under license, so the issue
>is one
>> of contract rather than copyright law.
>>
>> The basic principle here is they have absolute ownership of a
>singular work
>> and may set the terms of condition to view, copy or use the
>work.<<SNIP>> BTW, as I understand it
>> EEBO and ProQuest are actually "access rights management companies,"
>who may
>> represent the owners or themselves, depending on whether they or
>another
>> party hold the rights to the original.<SNIP>
>>
>> Bear
>
>Bear,
>
>This is an intriguing new aspect of that company and their works.  The
>first thing I am curious about, and will likely look around for is
>whether there is contract violation remedy against me since I hold no
>contract with that company or their client-owner.  I'm certain there is
>a precedent principal that covers this issue.
>
>Second, are aware of any case law that may cover such.  I'm talking
>about off the top of your head; I can do the research myself since I
>just upgraded from 33.6 to 56K modem last night . . . HUGE difference.
>$10 is nothing to sneeze at for voice/fax/data modem, either.
>
>pacem et bonum
>niccolo


I believe there is case law on the issue concerning museums and libraries,
who permit the use of wholly owned images by permission and/or fee.  Mary
Denise talked about her experiences as a publisher gaining permission to use
some Flemish art in a book she published at the last Serve It Forth
Symposium.

You might look up the bout (IIRC) between Neidorff and AT&T or BellSouth.
Neidorff received a copy of the 911 documents from a hacker.  He requested
permission to quote  relevant portions of the text from the owner and
receiving no reply assumed the owner wasn't interested and cited the text.
They hit him with both feet for receiving stolen property worth $30K.

It took a year and cost Neidorff $100K.  He won the case when it was
demonstrated that the $30K documents were publically available for $19.
Neidorff won the battle, but lost the war.  So be careful out there.

Bear