Need article from C&C, summer 1971
 

Good Morning Friends,
I'm in need of a copy of an article from C&C, Summer 1971 about David H. Young - I don't have the exact title. I'm researching the 96th aero sq. and have been told this would be helpful. If anyone can lend a hand please contact me. Thanks!
Hugh

Hello Hugh
The article is titled "Red Devil in a Breguet", and is an edited version of a taped interview with David H. Young. The article is 14 pages in length, including a rather extensive list of references. Roughly the last half of the article refers to the 96th Aero Squadron.

The publishers of Over the Front are the custodians of the old U.S. issues of Cross and Cockade, and you might inquire at their website about a copy of the entire article.

If they can't help you out in this regard, send me a PM. :)

Stephen,

I think what TomVrille meant was that the League of WWI Aviation Historians, the successor to the group that published Cross & Cockade US, has prepared scans in pdf form of every issue of the 25 1/2 volumes of the old Cross & Cockade, and has made them available on CD ROM for sale. Details at our website.

The League of WWI Aviation Historians has obtained the copyright on the scanned issues. To my knowledge, there is no stock of old Cross & Cockade issues anywhere. In full disclosure, I am the Membership Secretary for the League.

I got Flyguy a copy of the article he wanted.

Dan

Stephen,

Two things. As you know, copyrights arise when the material is fixed in a tangible medium. Therefore, in fact, the original League did indeed have a copyright on the journals. It is not necessary to submit registrations to have rights.

As to who "owns" the copyright on the original journals given the end of the original league and the formation of the new League, I have not done any research, nor do I know for certain. I stated only that OTF has copyright on the scanned issues.

The scanned CDs are available on a per volume basis, at US$25 including shipping.

As for issue 21/3, I am told by the printer that it is in binding, and will be in the mail by the end of the month, and hopefully sooner. We have a new managing editor, and his goal is to get us back on track and on schedule. 21/4 is well in the works, as well as two issues for 2007.

The league is financially sound, and we're working hard to get on schedule, and to stay on schedule once we're there.

Dan

This information is provided for information purposes only. This post is not a source of legal advice and is not given as a legal opinion. No representation or warranties are made as to the accuracy of the information in this post.

C&C Summer 1971
 

That issue is for sale on eBay:
http://cgi.ebay.com/CROSS-COCKADE-WW...QQcmdZViewItem
Note, the heading is wrong, the pic shows V.12#2.

Cliff

Dan, I have no dog in this fight either way but I am curious and have thought of the same question myself before.

Let's think this through...

- The original C&C's were not copyrighted by C&C.

- Therefore, rights were established on the material NOT WHEN IT WAS PUBLISHED BY C&C, but at the moment the authors themselves fixed the material into a tangible medium (i.e., when they wrote it).

- Therefore, the copyright that is automatically established when material is fixed in a tangible medium never belonged to C&C, who never made any claim or copyright attempt whatsoever, but to the respective authors, who established copyright at the time of writing and never relinquished those rights. In the absence of an effort to copyright the publication, C&C was never anything more than a vehicle by which the property of others was presented to the public.

- As a result, OTF cannot receive copyright permission from C&C (or any of its principals) because C&C cannot grant what they never possessed.

I am glad that OTF is converting C&C's to compact disc... it is a service to all of us and I've bought a number of them.

However, OTF's right to do so is no greater or lesser than yours and mine or anyone else's. Further, OTF's copyright on the scans is dubious because the only copyright that ever existed never left the hands of the original authors, whose consent for public release was given not to OTF but to C&C.

The only people who can make rightful claim to C&C materials or dictate who can and cannot make copies are the authors who originated the articles, and even those rights may have lapsed after forty years and become public domain.

Logic would dictate the above, but you're light years ahead of me in this area and I'd be interested in your opinion.

So as not to bore everyone here, I'll only say a little. As I indicated, I have not researched ownership of the original copyrights. However, looking at a random sample of original Cross & Cocakde journals all the way back to volume 7 (didn't dig any deeper into the box) shows copyright notices by the Society of WWI Aviation Historians on every single issue. Material was voluntarily submitted to the journal for publication, and I do not know if the authors agreed to assign rights to the Society or not. In any event, the Society did indeed have a copyright claim to the collective work, and it was so noted on each issue. Therefore, copyright did indeed exist in the journals, and that copyright was indeed owned by the Society.

Copyright Section 201(c) states:
(c) Contributions to Collective Works.—Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.

I don't know what agreement, if any, there was on the formation of the new League.

On a further note, some of the issues of the old C&C would have been copyrighted under the Copyright Act of 1909, which had some different rules for serials, and Section 3 as amended to 1947 seems to indicate (on first glance and without any further looks) that ownership of copyright in such a work under the Copyright Act of 1909:

Section 3
The copyright provided by this title shall protect all the copyrightable component parts of the work copyrighted, and all matter therein in which copyright is already subsisting, but without extending the duration or scope of such copyright. The copyright upon composite works or periodicals shall give to the proprietor thereof all the rights in respect thereto which he would have if each part were individually copyrighted under this title.

The Copyright Act of 1976, which became effective on January 1, 1978, introduced the subject matter of Section 203 quoted above.

Dan

This information is provided for information purposes only. This post is not a source of legal advice and is not given as a legal opinion. No representation or warranties are made as to the accuracy of the information in this post.

Well that settles things to a large extent right there. I have no originals... all my stuff is copied and I could not find a copyright notice anywhere and so assumed that none existed. So C&C did create a copyright and clearly had the right to transfer it. Assuming they did, then all is well. Thanks, Dan.