wwp@yahoogroups.com:
Re: Phone Call from ZKM
Yuval Levy 2008-May-27 13:48:00
Mark D. Fink wrote:
> I think this is looking more and more like a class action lawsuit.
In Germany a class action lawsuit is not as popular as in the
Anglo-Saxon law system. It was recently introduced, and only for capital
market transactions.
Our best option from a legal perspective would be the WWP / Berkeley.
Our second best option would be for each artist (sorry for using the
term photographer in the past, Caroling) to sign up the same person or
business to represent and sell licenses to his art in Germany. That
person would be ideally domiciled in Germany.
This option bears a risk if not everybody signs up:
<http://dejure.org/gesetze/UrhG/9.html>
?9 of the German Urheberrechtsgesetzt states that if several authors
contribute works to a joined exploitation (which pretty much defines the
WWP), any single one of them can consent in the name of all of them to a
re purposing / use of the works if such consent can be assumed in good
faith.
The third option would be for each and every one of us to file a
separate claim, using the same lawyer; and to get that lawyer to be
reasonable about the fact that he will be simply copy&pasting the same
letters over and over again, changing only the names.
I honestly prefer this third option, because it is respectful of
individual opinions that may vary amongst us. I respect those that still
feel they want to contribute their work to Globorama, but for me, if we
get that far down (i.e. if they don't negotiate a settlement agreement)
there is no way I will ever want my art work associated with any of
their stuff.
Yuv