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Re: Re[2]: Attn: Elfmaster
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On Tue, 13 Dec 1994, Carl Malamud wrote:


> We talked to Doubleday and they assure us that the poem is out
> of copyright. We did a legal review before putting anything
> out and were fairly confident that we had not published anything
> that was still under copyright. That is why we were so upset
> to get your original note, and why we spent a great deal of money
> checking with more lawyers, sending notes back and forth to each
> other, and otherwise taking your request very seriously.
>
> It really pains me that people are more worried about extracting
> every dime during this time of Christmas cheer. As the author
> of seven books and numerous articles, I have great respect for
> intellectual property and I really hope you check your facts next
> time before accusing us violating your rights. We took your
> note very seriously, we're a small non-profit, and you just made
> our life worse instead of better.
>
> Carl Malamud
> Internet Multicasting Service

Dear Carl Malamud, I made no such accusation! I merely requested that you check with Doubleday. I also assured you that I understood that this was "an honest mistake," if a mistake at all. I couldn't make any promises about what Doubleday would do, but I never suggested that I wanted money from you. Harvey Brudner informed me that some copyrights have been renewed, and my parents are still receiving royalties on some of Joyce Kilmer's works, all of which were published more than 75 years ago. Carol Christiansen gave Harvey Brudner permission to publish a number of Joyce Kilmer's poems in my father's recently-published "Memories of my Father, Joyce Kilmer." I have left a message on her machine asking her to call me & explain the discrepancy. My concern is for my parents. My Dad is dying of cancer, and requires 24-hour care at home, which Medicare & insurence will not cover. His financial resources are rapidly being consumed. My mother is over 80 years old and walks, with great difficulty, with a walker. She may live a long time yet and will need considerable care. I am trying to preserve an important source of income for them. It is unfortunate that you spent time and money unnecessarily, but that is neither my fault nor Melissa's. All I requested was that you check with Doubleday. I was not trying to get money from your organization. The Copyright laws are complex and poorly explained. It is no wonder that confusions arise. I hope that if this issue should come up again, you will simply check with the copyright owner. I also expressed my delight that "Gates and Doors " was being used. Now that the matter has been cleared up, I hope that you will continue to use it. At all times my correspondence with you has been friendly. Now that the "honest mistake" proves to be mine, I hope you will honor me with the same understanding that you requested for yourself when you thought the mistake might have been yours.

Miriam A. Kilmer mkilmer@capaccess.org

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