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Dear Michael, Albert & Danny,
Thank you Michael for your response and I accept that you might wish this matter to be closed but your position is nonetheless contestable. It appears that you are relying upon advice that you deem to be adequate and appropriate. And yes, I have been advised that the Local Govt. Act authorises you to do so.
Nonetheless, Copyright and Moral Rights Legislation is a matter that falls under Federal jurisdiction. You make assertions that are contestable and given that, you can expect that they will be contested and possibly at ratepayer's expense. Thus, your position must be challenged.
Three obvious points:
1. An author cannot sign away her/his moral rights in respect to a work of their authorship. It is simply not an option available to them. Nonetheless, Council might well choose to treat their work in a 'derogatory way' BUT in doing so Council cannot continue to claim the 'sullied work' to be that of 'the author'.
The 'marketing consequences' of such an action is clearly diminishing not only to 'the city' but by extension to its citizenry. Quite apart from anything else, it is exceedingly poor marketing.
2. In regard to the Council’s YOUtube Video ‘The 1929 Launceston floods’ and its lack of acknowledgement to contributing 'authors et al', it needs to be noted that the Tasmanian Archives & Heritage Office is not the only 'authority' in respect that 'work' that needs/requires acknowledgement.
In any event you offer no evidence that the Tasmanian Archives & Heritage Office have approved and in what context. There is certainly no indication of that on 'the work itself'.
3. In regard to 'acknowledgements' in Council’s various publications, you may well be satisfied that you are overseeing an operation that is appropriately compliant. However I submit, compare just about any one of Council's publications with a daily newspaper and a 'independent critical eye' will surely provide you with sufficient evidence to challenge your assertions and complacency.
Those points made I will now seek further advice in the cause of 'cultural producers' receiving appropriate consideration based upon expert advice.
Regards,
Ray
Ray Norman
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The lifestyle design enterprise and research network
eMAIL 1: raynorman7250@bigpond.com
40 Delamere Crescent Trevallyn TAS. 7250
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“A body of men holding themselves accountable to nobody ought not to be trusted by anybody.” Thomas Paine
“The standard you walk past is the standard you accept” David Morrison
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