Date: Sat, 26 Nov 1994 10:45:42 -1000 From: dgomberg@ednet1.osl.or.gov (David Gomberg) Message-Id: <199411262045.AA14665@ednet1.osl.or.gov> Organization: Division of Applied Sciences, Harvard University Subject: Copyright Letter Response The following letter was faxed to Carl Crowell today in response to his letter to AKA on November 20, 1994, posted to rec.kites on November 25, 1994). Formatting is slightly different to accommodate system line lengths and because I do not have download capability yet. D.G. * * * * * * * November 24, 1994 Carl Crowell 7233 SW Capitol Hill Rd. Portland, OR 97219 Dear Carl, Thank you for your letter of November 20, 1994. I am saddened to learn that you believe AKA disregarded your rights as an artist by allowing "San del Cielo" (a reported copy of San Diego del Cielo) to participate in our convention kitemaking competition. Our Association attorney informs us that AKA has no affirmative duty to exclude such kites from our events, and that your primary claim should be against anyone infringing on your kite designs. I have, however, forwarded your suggestion to our Kitemaking Committee that a signed disclaimer or indemnification be added to our competition registration forms. I believe such a statement, if properly worded, would put members on notice that copyright infringement is a serious matter. You suggest this form also be used at all AKA sanctioned events. The Association does not actually manage the several hundred events we sanction each year, and under current policy, would be unable to impose the use of such a form on events other than our convention. We could, however, encourage the form's use. Under our current kitemaking rules, originality of art and design are considered as part of the judging process. Unoriginal artwork is not automatically excluded, but if a kite with unoriginal images or designs does score highly in our competition, it is appropriate for other contestants to consider a protest as noted on page 22 of the rulebook. It is my understanding that "San del Cielo" did not fare well in our competition, (6th out of 7 kites) which suggests that the process worked as intended. If protected work is produced by one of our members, we believe that the rightful owner should take appropriate action against the offending party. AKA does not condone the theft of intellectual property. Nor are we able to police the actions of all of our members. In your own case, you report that the person reproducing your kite design freely admits it is a copy. Did your original kite or printed materials indicate that a copyright was in force? have you taken any steps with this individual to mitigate your damages or discourage further reproductions? Failure to act when you are aware of an infringement implies that the copy was authorized. AKA is not inclined to take steps that you, yourself are unwilling to take. Again, I should stress that AKA does not encourage the theft of intellectual property. This is a delicate matter in the kite community as I'm sure you are aware. we do not review all products offered for sale in our FlyMarket, do not screen all kite applique for originality, do not reject donations presented to our auction, and do not require ballet performers to present proof that music royalties have been paid. Similarly, we do not scrutinize every artistic and design feature of kites flown during our convention. We presume our members are honest and examine the quality of their work. Hopefully, additional notice on competition registration forms will draw more attention to this important matter. Sincerely, David Gomberg President P.S. This entire subject demonstrates a need for an AKA workshop on copyright, patents, and intellectual property. I will encourage our convention workshop coordinator to include this topic at Tulsa '95. Perhaps you would like to help. -- David Gomberg phone: 503-996-3083 7200 Highland Road fax: 503-994-9692 Otis, Oregon 97368 USA = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =