Re: XyWrite revealed (comment)

[Paul D pjd@xxxxxxxx]

At 11:33 AM 2/22/00 +0900, Peter Evans wrote:
>pjd is worried about the legality of reproducing Herb Tyson's *XyWrite
>Revealed*.
>
>(pjd has the right general idea, though. Moreover, copyright laws differ
>from nation to nation, of course, and I know little about them -- but what
>little I do know suggests that they are even stricter [though differently
>so] in both the US and the EU than pjd suggests.)
>:::::::::::::::::::::::::::::::::

Actually, although I am living in Canada, I do have considerable
knowledge of laws in both countries. At this point the _laws_
are about the same since both countries adhere to the Berne convention
(since 1989), although the various penalties might differ. There is
a haziness about the laws applying to electronic media, but what
Morris Krok is saying is NOT correct as regards copying the book.
And I must say, as an author, that I agree with the laws.

===============================================
>>>from Morris Krok

  essence@xxxxxxxx

  A day ago I e-mailed Herb Tyson about permission to reprint his book.
Certainly copyright protects all published works, but the quantity I would
print is small and I am doing it not for the money, but as an appreciation
for XyWrite 3 and Herb Tyson's magnificent work. With everything going to
the Windows format, it is definite that Windcrest will not be interested in
reprinting his book, and nor will Herb Tyson undertake it. So should someone
reprint this book, it would not pay the author to sue in a court of law.
<<<<
================================================

Let me take up these points.

Windcrest held the actual copyright, not Tyson -- although he
may have requested it revert to him

If the copyright holder does not wish to publish, another publisher
can do so, but there is a a) notice requirement, b) a waiting
period (it used to be 2 years) to allow them to change their mind, and
c) you have to pay royalties and possibly a licence fee

The fact that it is a small run and you are not doing it for the money
is irrelevant to the law. In fact if the amount you publish is worth
more than $1000 retail (about 20-30 copies) it becomes a _criminal_
offense -- EVEN IF YOU GIVE IT AWAY. A more recent change
makes it a felony over $2500 value.

As for "pay to sue" -- even if you make no money, statutory damages
can be awarded up to $20,000 to the author (and up to $100,000 if the
judge thinks you know what you were doing and did it anyway --
and now you know) And you are probably assessed the legal fees on both
sides

I'm sure you're correct about the status, but my recommendation is simple:
1) Make sure who holds the current copyright (Tyson or Windcrest)
2) Get permission for what you are doing, EXPLICITELY, and IN WRITING.

(And note that "in writing" does not mean email. You need a valid
signature)

regards
Paul D

P.S> there is currently a law moving through the Canadian Parliament
[Bill C-6 for those interested] which will give legal status to
documents "signed" on the internet with a Public Key signature. It is
not yet law, however. Physical paper is still the rule.