wwp@yahoogroups.com:
Re: Discussion with ZKM's lawyer and next steps
johndlvo 2008-Jun-01 05:47:00
So far, so good Yuv. Sounds like some progress is being made.
Much appreciation for all your focused efforts and rationality with this issue. I'm staying
tuned, albeit somewhat dissed by their reluctance to make an official apology - legal
repercussions admitted.
I believe it must be clearly reiterated that any monetary compensation they may offer for
prior use of wwp images does not and will not serve as entitlement to either; continue to
share the content with globorama partners, or to continue to use non-licensed images of
wwp members for any of their future presentations.
I agree that on this point, that we serve our mission well if we all keep the door open to a
possible future use permissions, on an individual by individual basis, provided the
resolution they provide on this immediate issue meets our collective and individual needs
and expectations.
--- In #removed#, Yuval Levy <yahoo06@...> wrote:
>
> 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
>