[PSUBS-MAILIST] Busby permission

[Phil Nuytten <72020.572@compuserve.com>]

Hello, Ray:
        I just got back in town and saw your post regarding Frank Busby's
book. After the last flurry of "it's in the public domain - no-one can stop
us" versus "check first, or at least have the good taste to inform Busby's
heirs as to what we propose to do . ." I contacted Andy Busby and explained
what had transpired, what was proposed, and asked what his position and
that of his sister would be to the copying or posting of "Manned
Submersibles".
        His response was predictable. He was amazed that anyone would
entertain the idea of copying his father's work without affording him the
courtesy of checking to see if he had any objections or wanted to add
anything. He said, specifically, that if and when the book is re-issued, he
plans to write a foreword describing Frank's work.  Re-issued?? Yeah, Frank
had been working with Jim Joiner, president  of Best Publishing Inc., to
have "Manned Submersibles" updated and reprinted, just before his death. 
So what? anybody can do a re-issue, according to what has been posted on
Psubs. . . no ?? As always, it seems that the facts are a little different
than the supposition.
         I called Jim Joiner and asked him Best's position - he concurred
that the existing text was the property of USN  and, 'probably', in the
public domain ( note the 'probably' - we'll get back to it). The
photographs, and quotations, however,remain the property of the owners
and/or copyright holders. Where those holders had given Busby permission/
authorization for a one-time, stated purpose  use ( as is usual) this
permission would not extend to any others. Not USN not Best, not Psubs.
Joiner said he already has a large file on this project and has identified 
the sources that will require re-authorization - it's the kind of thing
that they do every day, and they have the staff to handle it.
         For example, some of the pictures of our sub "Sea Otter" were
supplied by Can-Dive.  We own the copyright to those shots. Any-one  who
wishes to use them again is required to seek our permission, and if it is
not forthcoming, then the shots may not be used. I asked Joiner how many of
the illustrations fell into this category, but he didn't know, off the top
of his head.
        Back to the 'probably' - Andy Busby has done some considerable
research into he and his sister's rights with regard to their fathers
various publications. Not with an eye to making money, but to try to make
the out-of-print  works available again. There is more than an even chance
that the ONR contract called for a specific number of books to be published
as a 'deliverable' or that ONR had the right to print X copies as a
'deliverable'.  In either case, the contract was satisfied and a re-print
would be the  subject of a new or extended  contract. It certainly seems
that Andy could easily obtain an injunction to prevent any further
distribution until the precise nature of the contract and the survivors
rights, if any, could be ascertained. (This is me 'supposing', not Andy
Busby saying that he would take that route.)
        Presuming that Psub's objective in proposing to copy Frank's book
is simply to make it available again, then this purpose may be more
professionally served by Best Publishing Inc.  If the thought was to make a
profit on it, then Frank's kids should be entitled to some share, I
believe.
        May I suggest that  I re-contact Jim Joiner, ask him what sort of
time frame is likely  and see if it serves the purpose. If not, then Psubs
is in for, at very least, a time-consuming round of locating and contacting
 the photo copyright holders.
Phil Nuytten
        May I suggest that .