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Mailinglist:wwp@yahoogroups.com
Sender:Yuval Levy
Date/Time:2008-May-31 14:13:00
Subject:Discussion with ZKM's lawyer and next steps

Thread:


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

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