wwp@yahoogroups.com:
Discussion with ZKM's lawyer and next steps
Yuval Levy 2008-May-31 14:13:00
Hi all,
I had a positive discussion with Prof. Dr. Rupert Vogel, Bartsch +
Partner, a lawyer for the ZKM. <http://www.bartsch-partner.com/de/24/>
Monday he will get back to me with a time frame.
We established a working relationship. I believe he is making his client
aware of how serious the situation is, and ZKM is willing to engage
constructive negotiation. We decided to de-escalate and start
negotiating, as laid out at
<http://tech.groups.yahoo.com/group/wwp/message/9713>
They have received my cease-and-desist and that of others, and they are
complying. That's why they have removed material from the web. He
assured me they have no intention to offend us, and he will confirm in
writing that ZKM is abiding by our request to stop using our artwork.
Please: stop mailing ZKM - they got the message and any further mailing
is just likely to generate further confusion. The preference would be to
channel communication through us.
We developed mutual understanding: he listened to me and how upset I am
to see my artwork used without prior permission; out of context; defaced
and stripped of components such as sprites and text. I listened to his
perspective, particularly about ?52 of the German "Urheberrecht" which
according to him grants an exception to institutes like ZKM to use
material that is otherwise protected. I told him I will discuss these
with our legal counsel. We agreed to focus on what we may have in
common, leaving our differences aside.
He understood that I was speaking for myself and that my word is not
legally binding for any of you; that the WWP is just a virtual
exhibition space and that all rights to the works are retained by the
respective artists. I understood his limits for negotiation,
particularly that ZKM may offer a compensation that feels like an
apology, but it won't be a formal apology because such a formal apology
can be used to press charges against them in court.
We agreed to continue the contact, build mutual understanding and
de-escalate further. We both want to avoid going to court, and we both
feel that a negotiated solution is within reach. I am aware it will take
some time, and he offered to push the issue so that it won't take too long.
He will transmit to his client what I listed as my priorities, in this
order:
1. respect of the artist and its artwork integrity - legal and moral
2. increase of public awareness for the respect of author's copyright
3. respectful, positive promotion of our artwork
4. some sort of financial compensation as recognition of the value of
our artwork
Monday he will talk with ZKM and we will know a time frame within which
they will work out an initial offer. He suggested that it will happen
within weeks.
He recognized that I am speaking for myself, not for the whole group,
which means that once such an offer is on the table, it will be just the
start of the process.
NEXT STEPS
So far for the first contact.
When they will present an offer, we will need time to discuss it. Each
and every one of you retains her/his right to:
- accept the offer
- ask for a revision of the offer (if you feel that it's on the right
way but not enough)
- reject the offer (if you feel that the divide is too wide to be bridged)
Please: no quick reaction. We just started a process, and it will be a
difficult one.
One difficulty is that they are effectively dealing with 900+
individuals and not with an entity. Making 900+ individual offers would
be a mess, it is almost impossible that all agree.
Hence it is likely that the offer will be directed at individuals, will
contain a token financial amount and in exchange of that token financial
amount the individual will agree that ZKM owns her/him nothing for
events that happened prior to agreement day.
More value can be created with provision for a group. Hence the offer
will most likely have provisions that apply only if enough artists sign up.
Let's wait and see what they come up with. Please don't do anything that
can't be reversed. Give the negotiations that just started a chance.
Yuv