Re: [PSUBS-MAILIST] Busby permission

[Jonathan Wallace <jon@zk3.dec.com>]

Phil,

I question the conclusion of yourself and Jim Joiner that the photographs
can be separated from the text in terms of defining public domain.  Text
work enjoys the same copyright protection as photographic work.  What
evidence do you have that suggests the US Navy commissioned a public
domain project that did not require release of copyrights for
photographic work not owned by the author?

As I understand it, the US Navy would like to distribute the book on their
website as well.  Have you or Andy Busby verbalized your objections
to the US Navy?  Have you or Andy Busby verbalized your objections to
the US Navy about providing PSUBS with the material and partnering
with PSUBS to distribute the material?

>Presuming that Psub's objective in proposing to copy Frank's book
>is simply to make it available again

Why do you make such an antagonistic statement when you know
that is exactly what our discussions have been about?

>then this purpose may be more professionally served by Best
>Publishing Inc.

PSUBS probably has more reach to the community that would be
interested in this material than Best Publishing.  I can understand how
Best Publishing, and maybe even yourself, might find that hard to swallow,
but PSUBS web site stats don't lie.  If PSUBS distributes the material for
free with the blessing of the US Navy, I would think attempting to
re-issue the material for profit would be a bad business decision for Best
Publishing.

>Not with an eye to making money, but to try to make the out-of-print
>works available again.

If Andy Busby's "eye" is make the work available again, then he just hit
the jackpot.  The US Navy and PSUBS are collaborating to make the
work available for free to anyone who wants it.  The integrity of his
father's work will be preserved and Andy's goal will have been achieved.
If his intent is truly what you say it is he should have no objection
whatsoever.  If his objection is simply that he wants to write a forward,
we'll be happy to include it.

>His response was predictable. He was amazed that anyone would
>entertain the idea of copying his father's work...

If you told Andy Busby that PSUBS was going to copy his father's work,
then you lied about our intent to your best friend's children.  PSUBS is
working with the US Navy to distribute public domain material and nothing
more.

>...without affording him the courtesy of checking to see if he had any
>objections...

The US Navy is providing the source material to PSUBS.  Did Andy
Busby verbalize his objection to the US Navy?  What was their response?

>or wanted to add anything. He said, specifically, that if and when the
>book is re-issued, heplans to write a foreword describing Frank's work.

PSUBS would be happy to provide Andy Busby with a web page on
www.psubs.org to write a forward or any other comments he might like
to make regarding his father's work.  He will reach many more people
through PSUBS than he will through Best Publishing.

>...then Psubs is in for, at very least, a time-consuming round of locating
>and contacting the photo copyright holders.

When PSUBS receives a written and signed document from the US Navy
stating that the material is in the public domain, that is all we will need
to move forward on this project.  If Andy Busby, Phil Nuytten, Best
Publishing, or anyone else can prove to a court that the material is not
in the public domain in part or in whole, then of course we would remove
it from the web site.  PSUBS has no intent or desire to publish material
illegally.