All,
I think Dave carefully read my concern(s) and had a bit of fun with
"tongue in cheek". The "legal perspective" of almost anything is one
or more "bubbles off" from the world in which most of us live.
Unfortunately, Dave is 100% right when he cautions any and all to
"look down the road" in neighborhoods would likely not choose to
travel lest we be dragged down an alley and assaulted. I welcome his
comments and am attempting give each due consideration.
Human beings tend to generally separate into two "camps". By far the
largest is those who focus on what can't be done. The distinct
minority are those who pay only sufficient attention to how something
can't be done so as to avoid the potholes that have adversely
affected others whose common goal is one or more ways it CAN be done
(and preferably at some profit at some stage by someone).
I believe I can gather and publish with minimum risk a Personal
Ercoupe Technical Bibliography (Annotated). This would be, by
definition, my personal index of subjects cross-referenced to sources
that, in my sole opinion, constitute the best information available
of use to those who own and/or maintain Ercoupe, Forney and Alon
aircraft. It would be clearly identified as the product of a layman
NOT professionally trained or certified in aviation maintenance in
any specialty other than by dedicated and reasonably thorough reading.
Accordingly, I should not be "accountable" to any professional
standard as to the perfection or completeness of my personal
observations, offered exclusively (as a "premium", like the cups, T-
shirts, CDs and DVDs on Public Television) to those willing to
contribute at a certain "level" (or more) to the ongoing operational
expenses of the Texas Ercoupe Museum, soon to be incorporated as a 501
(c)(3) educational non-profit organization. Several years ago I
attempted to set up a committee that might perpetuate such efforts (I
just turned seventy). From that experience I can personally confirm
that such a committee becomes a cul-de-sac into which good ideas are
diverted and then quietly strangled by competing egos.
The Ercoupe Parts Manual, Service Manual and Bulletins and Memoranda
are generally information that has been available publicly before
1950 and respective copyrights of this early material not timely
renewed by the succession of owners. That is how one can buy the
original versions from Wag-Aero and Essco, among other sources. CAA/
FAA publications would seem to be in the public domain being a work
product represented and disseminated in the public interest by
persons whose salaries are paid by all taxpayers.
As to individual Service Bulletins, etc., Manuals and the like from
Forney, Alon and Mooney, it is my understanding that facts cannot be
copyrighted. Only a specific presentation is subject to copyright.
All "FAA Approved Flight Manuals" are similar (for clarity) between
aircraft and manufacturers (just as are, today, certain instrument
and control layouts). Such publications are, by definition
educational in nature. The "educational exemption" to strict
author's rights of reproduction would seem appropriate for any judge
and/or jury to accord any good-faith attempt at wider and clearer
dissemination of information important to the safe operation of
aircraft (whether specific or or in general).
Such efforts, so long as they are not hopelessly incompetent or
motivated by personal greed, should improve the preexisting level of
compliance with authoritative maintenance and operational information
sources. It would seem appropriate to claim such publication
(clearly credited as to source) could reasonably be expected to
improve the awareness of both owners and mechanics such that "safety
of flight" is increased in the overall. I would, therefore, expect
such publication to be deemed more "in the public interest" than any
author's rights as would pertain to brief references to and from a
given original publication.
At the end of the day, the Texas Ercoupe Museum will never have the
"deep pockets" to attract the professional attention of an ambitious
attorney ;<)
Regards,
William R. Bayne
.____|-(o)-}____.
(Copyright 2010)
--
On Sep 6, 2010, at 11:47, Ed Burkhead wrote:
David,
Correct me if I'm wrong, please.
I think it is safe to publish an index saying WHERE to find
information provided that you write it in your own words. Would
this not be legal and safe?
What is the legality of posting an actual copy of public government
documents, i.e. TCDS A-787?
Ed
