Richmond,

And I’ll be right there with Richard.

Just because it’s not being supported does not remove copyrights. You know 
that’s a stupid argument. Maybe fine with your own morals but it’s not how 
copyright works. As a content creator for over 4 decades of my professional 
life I really hate that attitude of self justification. Fine for your own use 
but if you want to redistribute it then get the rights. Not for profit label 
has nothing to do with the rights involved.

I have experience working in and with media companies and licensing others’ 
materials and having others licensing ours. We were told all the time by 
management and legal to not respond to requests to license unless management 
was interested in the proposal and they would handle that. I thought it pretty 
strange that a denial letter could cause any issues and may have just been 
paranoia or don’t waste your time but those were the instructions. 

Getting an odd bob out out of relicensing an old project involves figuring out 
who you are getting in bed with and if you even want to get into bed with them 
in the first place, time to come to an agreement, research out the original 
projects licensing (media projects are rife with licensed media that at times 
are not transferable or require additional permission and/or payments), create 
and agree on a contract, deliver the goods, then make sure everything is being 
done as contracted. That’s not simple and all the steps cost time and money and 
usually folks are not willing to pay much for the rights to cover these costs, 
let alone a profit.

I’ve done this process a couple of times with old projects and it was way more 
work than I thought it would be and that was with a very good relationship with 
the rights holder (I built the original product for them) and in good rights 
situations. One was easy and owner was happy with a handshake on the deal until 
I had a product to sell and then we would pen a contract. I totally trusted him 
he would honor the handshake (and I’m still absolutely sure he would have, very 
good chap), but a year and a half later he ended up having to sell the rights, 
so our handshake of course was no longer good. He was transparent about all 
this and I just did the hand shake as it would have been a good chunk of change 
with lawyer to pen the rights contract and I didn’t have a publisher onboard 
yet. So even in the best of situations things can go sideways on these kinds of 
things and life is not as simple as you think it is Richmond.

I was approached by an old employer about resurrecting an old commercial cdrom 
project. I knew the rights had changed hands a couple of times, so my first 
question was who has the rights now and have you secured them? His response was 
well it’s abandoned and one of the publishers that were distributing the 
product to the education market (that wanted to partner with him on this deal) 
thought they could do it under their publishing agreement. Again I questioned 
did they have a full rights deal or just a publishing contract (I knew from the 
original days on the project we had very specific publishing contracts with 
different channels like Apple, media distributor and some educational 
publishers and they were rabid about retaining the work’s rights). Response was 
they feel confident they could stretch it legally. He then tried to say well we 
could construe this to be in then public domain as most paid for with 
public/private partnership money from NSF and EPA grants. I had to laugh in his 
face as they had made sure that even with this public money the company had 
complete rights to everything. I said I’d be happy to talk to him (and spend my 
own time) about it once he can put through the lawyers. He did and planning 
abruptly stopped.

The real killer usually is that media licensed in the original work was not 
contracted for sub licensing, transfer, or reuse or requires new payments. 
Sounds like something most would plan for to allow better life for their 
products, but I was amazed how many times this was not done or, at times, even 
thought of.

Sorry I’ve been around this tree too many times.

Jeff

> On Jan 23, 2022, at 12:02 PM, use-livecode-requ...@lists.runrev.com wrote:
> 
> I wrote to them twice and they never bothered to reply
> 
> they did not "essentially" ignore me: they IGNORED me. This is nonsense 
> as, presumably, there is no obvious way
> they can make the odd bob out of ancient CD-ROMS; and if they had a bit 
> of nous they might realise that they could
> climb into bed with you to mutual advantage . . .
> 
> so I would merrily chant my favourite mantra:
> 
> "abandonware, abandonware"? and make sure that anything I did with media 
> ripped off from those
> 
> CDs was splattered with disclaimers and released on a not-for-profit basis.
> 
> Richard Gaskin will probably now come after me with the castrating 
> irons.?


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