This bulletin board, hosted by the CDSOA, Inc., is the on-line meeting place for all Cape Dory owners and groups. We welcome everyone's questions, answers and comments about Cape Dory sailboat
Dean Abramson wrote:I initially did not want to jump into this, but I was put off a bit when I saw the original post.
First, I knew that Mr. Hunt meant well. But I also figured we would hear from either John V or Ken Textor on this eventually.
As one who makes his living producing copyrighted material (mostly photography, a little writing), I want to agree that that is not "Fair Use."
The others have explained this well, but I wish to make one more point. The internet and the advent of digital photography (and other media) has resulted in a veritable assault on copyright worldwide. I know of someone here in Maine who was downloading photos off of social networking sites, exaggerating the color a bit and making some tweaks in Photoshop, then printing them and selling them in an art gallery! And this was someone in my general industry who knew better. There is a "web culture," particularly among younger folks, that seems to promote the concept that if it's "out there," you can take it.
If, I, the creator, wish to share that shot with my sailing buddies here, that is my choice. I have decided I will let that shot be seen on this one sailing website. Period. Once I have made that choice, you can certainly refer others to this website to see it, but you cannot download the shot and do anything with it. Frankly, that is not the best shot; I have to better guard the prime shots. Because maybe I can get a magazine to use one. And that's how I pay the bills.
And since I own a sailboat, I've got bills...
I am not trying to be a badass here. Nor am I trying to inflate the importance of one of my photos. I do like sharing many of them with you folks, and having fun is why I got into this in the first place. I am just trying to explain what it's like from the side of the creator.
The bottom line is that (with very few exceptions) if you did not create it, you cannot reproduce it in any way.
This is a living for some of us. And trying to support a CD31 from photography is hard enough! Magazines are dying everyday because of competition from the web. Let's do what we can to support the Cruising Worlds, the Ken Textors, the John Vigors.
Thanks for listening.
Dean
Dean,
May I quote you?
Mitchell Bober
Sunny Lancaster (where "If you steal from one author, it's plagiarism. If you steal from two, it's research." Wilson Mizner,) VA
As you are British, it is sometimes difficult to know when you are being deadly serious and when you are joking. I am assuming your post is serious.
Before making my initial post I actually carefully looked at my copy of the Cruising World magazine to see if there was any stated prohibition against making copies of articles for distribution to others, including brother and sister CDers. I could not find any......"
Yep, there is a copyright notice within the magazine and John's correct. None of the articles should be copied and distributed without the permission of both the publisher AND/OR the author. And certainly don't "broadcast" online that you're doing it.
Cathy
Webmaster--CDSOA, Inc.
[...finally back from a long vacation]
I just got an email from my friend Ken Textor. He was out of town during "Copyrightgate." For some unknown technical reason, he is currently unable to post to this board. (Calling Cathy M...) So he asked me to post this for him. Here it is verbatum:
Hello all,
Since I am the guy who still owns the copyright to the CD repowering article that recently appeared in Cruising World, I thought some of you might be interested in my view of all the commentary that article has generated on this board.
In almost 40 years of selling freelance writing to all sorts of publications, as well as (sometimes) being a staff writer and/or editor at various boating publications, I have had some experience with copyright infringement. Sometimes it is done in the manner described on this board: a guy with a copying machine and a lot of friends. Sometimes it is “rewrittenâ€
Dean Abramson
Cape Dory 31 "Loda May"
Falmouth, Maine
Sea Hunt wrote: A fellow CDer sent me a PM in which he or she pointed out that there is a "copyright" announcement near the end of the Cruising World magazine. It is under a section labeled "POSTAL INFORMATION" and "POSTMASTER". I confess I saw the page but when I saw that it appeared to be "post office information" material I did not read it. For this I do apologize.
I also want to sincerely apologize to Mr. Vigor, Mr. Textor (the author of the article) and to all authors who are involved with the CDSOA board. It was not my intent to offend anyone or infringe on anyone's income or status. Without carefully thinking it through (a fault I have yet to correct despite numerous chances afforded me ) I alerted CDers to a very, very fine article and volunteered to make it available at no cost to those who wanted it. My intentions were good. However, you have my solemn promise I WILL NOT DO THAT AGAIN.
I hope those offended by my actions will accept my apology.
In the interest of complete honesty, I have mailed out 8 copies of the article to those who provided me with their mailing address. I will NOT mail out any more. If Mr. Textor reads this post and believes that he has been financially harmed I will be happy to reimburse him for whatever loss he believes is reasonable as a result of my actions.
I again offer my sincere apology. Lesson learned (the hard way).
Mr. Textor, Dean A. and all:
Dean, I would be grateful if you would somehow forward this post to Mr. Textor since you advise he does not presently have access to the CDSOA board.
As I said in my earlier post on 07 January 2010 (quoted above), I again offer my sincere apology to Mr. Textor and anyone else who was injured or offended by my actions. My intent was simply to bring attention to what I thought was ( and think is) an excellent article. It was not my intent to offend anyone or infringe any copyright law or deprive anyone of income. I obviously made a serious mistake. As soon as I realized my mistake I apologized to Mr. Textor (via this board) and I continue to do so. I am hopeful that in time (months, perhaps years), Mr. Textor, CDSOA board members and others will accept my apology and forgive my transgression.
I renew my offer to Mr. Textor and anyone else who was injured by actions. I will promptly reimburse them any amount they deem reasonable for my transgressions. It was my mistake and I accept full responsibility for it.
I again sincerely apology to Mr. Textor and anyone else who was injured or offended by my actions.
I sent Ken a link. But I think he can see the board just fine.
I personally feel that you have apologized more than enough for this now. I don't think that Ken is losing any sleep over this. And I don't think that anyone thought you did not mean well.
It was just a "teachable moment," that's all.
Take care,
Dean
Dean Abramson
Cape Dory 31 "Loda May"
Falmouth, Maine
-michael & Toni CDSOA #789
s/v KAYLA CD28 #318
2012 FLSTC Heritage Classic
Niceville FL +30° 30' 24.60", -86° 26' 32.10"
"Just because it worked, doesn't mean it works." -me
No shirt + No shorts = No problem!
For the record: I purchased the referenced issue of Cruising World--a magazine that I gave up on many years ago--because of the posting on this site. Perhaps that will partially counter balance the loss of sales due to the photocopying.
FYI: MARIE ROSE ex TIA MARI was rescued by Ken after falling on hard times after we sold her many years ago. Ken found me and forwarded photos of the restoration. I was impressed with his craftsmanship and his thoughtfulness in sending the pictures. <<Ensign dip>>
Mitchell Bober
Sunny Lancaster (where you can depend on the kindness of strangers), VA
The odds are that Ken Textor owns all rights to his work with the exception of the specific Cruising World article. He might be delighted to give you permission to copy and distribute. Or, he might have a stack of copies ready to sell, as might Cruising World. This is one case where begging forgiveness isn't going to work if they are unbent by your pleas.