RE: Asking Permission (was Re: trademark question)

From: <RCumbow[_at_]GrahamDunn.com>
Date: Tue, 1 Oct 2002 14:46:16 -0700

Edward Barrow asked:

>Isn't "always ask a lawyer before asking the rightsholder" just as
dangerous as "always ask the rightsholder"- except it ends up benefiting lawyers rather than artists and authors?<

Hardly. It may very well benefit the artist and author, too ... and the fair user as well.
And it might NOT benefit the lawyer--at least not in the way you mean. You'd be surprised how much fair use advice is given on a pro bono basis, especially in the artists and authors context.

Robert C. Cumbow
 Graham & Dunn PC
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-----Original Message-----
From: Edward Barrow [mailto:edward[_at_]copyweb.co.uk] Sent: Friday, September 27, 2002 12:41 AM To: Multiple recipients of list
Subject: RE: Asking Permission (was Re: trademark question)

On Thursday, September 26, 2002 1:51 PM, Kevin Grierson 
[SMTP:kgrierson[_at_]wilsav.com] wrote:

> I'm with Tyler, with one caveat: I don't think it's ever a good idea to
attempt to make a decision about a legal determination based on feedback from a listserv, even one with obviously well-qualified participants. We haven't seen the design, and we don't have an opportunity to ask relevant background questions, the answers to which might change the analysis or even moot it (if, for example, the Junior Mints folks were aware of the plans and had threatened to sue, the decision about whether to proceed would depend a lot on the school's willingness to litigate, even if they're sure they're right).
>
> Find a lawyer and talk details. You may find an alumnus/alumna willing
to investigate for free, or even someone from this list (or the INTA trademark list) who will do the work on a reduced fee or pro bono basis, but don't rely on advice from a bunch of faceless posters who (as should be evident by now) will treat the issue more as an academic exercise than as a real life problem they have an obligation to solve.
>
> Kevin Grierson
>
> Kevin W. Grierson
> Willcox & Savage, P.C.
> 1800 Bank of America Center
> One Commercial Place
> Norfolk, Virginia 23510
>
> mailto:kgrierson[_at_]wilsav.com
> ph: 757/628-5603 fx: 757/628-5566
> http://www.wilsav.com
>

Isn't "always ask a lawyer before asking the rightsholder" just as dangerous as "always ask the rightsholder"- except it ends up benefiting lawyers rather than artists and authors?

Especially as most lawyers have one eye on possible negligence suits when framing their advice....

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
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