[DML] "use of the DMC logo..."

[deloreanernst@xxxxxxx]

In a message dated 10/7/2004 8:55:28 PM Eastern Standard Time, 
Rustproof@xxxxxxxxxxx writes:
<<The reason that operations were discontinued was simply due to a nasty-gram 
sent to me from DMCH because of the use of the DMC logo. It simply wasn't 
worth the effort.>>

Hi-
Though I've never yet gotten around to printing updated manuals as I have 
long hoped, I have done a lot of research, including copyright and ownership 
issues of DMC intellectual property.   This subject comes up from time to time, 
and my responses, for some reason, have never made it past the moderators. Why? 
Well, here goes... again. 
James Espey of DMC Texas has frequently claimed that they own the rights to 
copyrighted DMC materials.  He bases this claim on the purchase of the KAPAC 
inventory of parts plus assorted paperwork and odds and ends. Is this how 
copyright privileges change ownership? The US gov copyright office makes that 
perfectly clear: NO.  DMC Texas is not JZD's company, is not the successor to JZD's 
company, and did not buy JZD's company... or any of the company's copyrights. 
Which explains why they're not on file with the government. So if DMC Texas 
doesn't own them, and JZD's company is defunct, does that mean that they're open 
game for anybody to use?  Again, the answer is no. If you want, you can take 
your chances. But the copyright owner has a right to prosecute you.  In the 
case of the DeLorean copyrighted materials, the owner has apparently never 
prosecuted anyone.  So is it possible to determine who exactly owns the copyrights? 
Yes. I spoke to the David Allard, Esq., the bankruptcy trustee for the 
DeLorean case. He told me that the copyright privileges were officially transfered 
to Mr. DeLorean as part of the bankruptcy settlement.  In fact, I went so far 
as to ask Mr. DeLorean's permission to reprint the manuals. He was kind enough 
to give me permission... in writing. I appreciate and have bought from DMC 
Texas but I gag everytime I see this kind of _________ claim from James about 
their supposed rights. (Fill in your own adjective in the blank!) I understand 
they copyrighted a variation on the DMC logo just a few years ago, but that's 
not anywhere close to a blanket ownership, is it? And it sure isn't based on 
buying parts!  I'm almost surprised they haven't told the other vendors to stop 
printing manuals. Here's a challenge: if I'm wrong, James, send me a copy of 
the paperwork transferring copyright ownership from JZD or his company to DMC 
Texas, and I promise to publically apologize for my error right here on the DML. 
Deal?  
Wayne A. Ernst
Bridgeton, NJ


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