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Ok. Basically this is how it works....
1) I don't THINK that Grant has any legal rights to the name any more - in that it's only a word, and an uncopyrighted one at that. Plus his 'tacit approval' of its use etc. would probably be enough in a court of law. I'm not commenting on whether or not that's fair, BTW, but I believe it's true.
2) What he or DC or Warners COULD do, of course, is make us remove all the images from the Bomb... But that's another matter.
3) I own the domain name. That much is clear.
4) All the articles on barbelith and all of your posts, in principle, probably belong to you as individuals, in that if I tried to make a book out of what you'd written I'd have to get your permission etc. (and probably pay you money) Not completely sure about this - but I don't think people on the board or the zine are ever asked to sign over their rights to copyright stuff.
5) I think if someone came and wanted to buy Barbelith as it stands now that they probably could do so, and that I almost certainly own it in the eyes of the law. This is not COMPLETELY certain, by the way. They would be insane to do so of course.
6) If anyone wanted to do a print edition of the zine using the same branding that we use and using all the articles without getting the permission of the copyright holder (in this case probably the writers of the articles) then we could do something legal about it, but since we break laws all over the shop (copyright in particular), it wouldn't be a paritcularly brilliant idea on our part. I would be very angry though about someone making money off my work and the work of the contributors, and so would probably THREATEN legal action (and run around the site fixing all the dubious stuff). |
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