Minutus

I recently received a copy of a book published by B. Jain called
"Pioneers of Homeopathy." The book contains the biographies of about
70 homeopaths. The biographies are often accompanied by pictures of
the individuals.

It was with great dismay that I noted that a number of the images
came from my book "The Faces of Homeopathy." While some of the images
are available to people who have access to the old literature (for
example, Yingling's picture comes from the February 1931 Homeopathic
Recorder), other images could only have come from my book since they
are either in my personal collection, were duplicated by me (via
slides) from other archival sources (i.e., from the archives at the
Faculty of Homeopathy in the UK), or were obtained by me from sources
which required a fee for use (i.e., the Hahnemann Archives in
Philadelphia, PA).

My book clearly states that the contents are copyright by me and no
part may be duplicated without the permission of the publisher.

Although Jain has the same copyright statement in their book, they
never asked for permission to use any of the images.

I wrote to them about the matter, and they have agreed to enclose in
each book the note appended below. I reproduce it here for the
homeopathic community on these lists as a reminder that we are a
small community and intellectual property rights should be observed,
and permissions should be asked for before use.

Julian Winston
Author, Faces of Homeopathy
Owner, Great Auk Publications

*****

Letter from B. Jain, Publishers:
ACKNOWLEDGEMENT

The editor wish to acknowledges Mr.Julian Winston, author of "The
Faces of Homoeopathy" from where a number of images have been taken
in compiling the book "Pioneers of Homoeopathy".

While the book "The Faces of Homeopathy" authored by Julian Winston
and published by Great Auk Publications contains many likenesses of
homeopaths that might be available from a good homeopathic archive
that has access to old journals such as The Homeopathic Recorder, The
Medical Advance, the IHA Transactions, and the AIH Transactions, a
number of the images came from other sources, which are credited
within the book.

The following list is of those images that are outside the public
domain (i.e., in old journals) and were taken from "Faces of
Homeopathy."

Page 9: Timothy F. Allen. From the Archives of the College of
Physician and Surgeons, Philadelphia, PA.
Page 21: Boenninghausen. From Mazzini Stuart's "Life of Peter Stuart,
the Ditton Doctor" from the Collection of Francis Treuherz
Page 26: William Boericke. Graduation Photo. From Hahnemann
Collection, University of Health Sciences, Philadelphia, PA.
Page 27: William and Garth Boericke. From the collection of Julian
Winston, through Jean Barnard.
Page 74: Willis A. Dewey. From the Faculty of Homeopathy, London.
Page 79: Dudgeon. Original photo in the collection of Julian Winston.
Page 83: Carroll Dunham. From the Faculty of Homeopathy, London.
Page 125: H. N. Guernsey. Top photo. From the Collection of
Christopher Ellithorp, Johnstown, NY. Bottom photo: From Hahnemann
Collection, University of Health Sciences, Philadelphia, PA.
Page 160: Hering: From the National Center for Homeopathy, Alexandria, VA
Page 176: Kent house 1916: From the personal Collection of Julian Winston.
Page 179: Kent House 1995. Collection of Julian Winston. Photo by Greg Bedayn.
Page 183: Kent Grave. Photo by Julian Winston.
Page 186: Lillienthal. From the Faculty of Homeopathy, London.
Page 187: Lillienthal young. From Frances Stern. Collection of Julian Winston.
Page 235: Pierre Schmidt. Photo by Robert Schore. Collection of
Julian Winston.
Page 264. Tyler. This is a photo of Charles Wheeler. The photo is in
the collection of Julian Winston, courtesy of John Ainsworth.

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Only a message? Julian, they should also be giving you a share of the
royalties. This is copyright infringement! Have you spoken to a lawyer, or
do you belong to any authors' association that can help you?

Peace,
Cinnabar

At 3:46 PM -0500 12/17/03, DMH wrote:

One of the problems all authors have with the Indian publishers is
that most of the copyright rules are enforced differently. I have
been lead to believe that India is not a signatory to several
international treaties about copyrights.

There is nothing a lawyer here in NZ (or when I was in the USA) can
do. It has to be represented in an Indian court with an Indian lawyer.
You want to give me the money for that fight?

This is the reason I just asked Jain to annotate the references and
include a copy in each book sold.
I am not even going to the place where I push further-- that some of
those images are NOT MINE TO GIVE. They belong to others (as credited
in my book) and, by right, Jain should ask permission of those folks,
and pay the fees, as I did.

It is also obvious to me that many of the bios were lifted from my
book, but the wordings were slightly changed. This is obvious to me
since I know that the information I gleaned to produce those bios
came from a variety of sources that others would probably not have
access to.

But what can I do?
I would rather have credit given than have it taken with no credit.

JW

You're right: some battles are too expensive to fight. But it galls me as
a writer that this is done so cavalierly (and commonly).

Peace,
Cinnabar

At 6:10 PM -0500 12/17/03, DMH wrote:

Yes. It galls me too.
Perhaps my commentary will help some.
The thing is, if they had asked in the first place-- as many people
have-- there would have been no problem.
People just don't think about this stuff, and now that we have the
web and pics are everywhere, the problem is compounded.

JW

Hi Julian:
What a crock!!! You play by one set of fair rules and the other guys play
with their rules. My grandfather always said when you find yourself between
a rock and a hard spot, it's best to grease yourself all over and slide out
as quietly as possible.

Bob

I would be interesting to know what the copyright rules and similar
traditions have been in India. In various times and places it was *not*
considered necessary to have permission. In fact I recall somewhere -- was
it ancient Greece or China? when the reverse situation was common-- someone
would make what they believed to be a pithy statement and attribute it to
someone famous!

So -- was B. Jain being "slimy", or were they simply operating by rules
which are now outdated? Either way, Julian, I think your response was just
right, all things considered!

Shannon
on 12/18/03 3:47 PM, Bob Needham at bneedham@amtelecom.net wrote:

Julian the big markets for such books are the western countries. Hire a lawyer and serve a notice to distributors and ask to enforce a ban to sell such a book. I do not mean the book should be banned but I believe in this way you should be able to get a fair share of your efforts. That way you can stirke a deal.
Nanga Pir

Julian Winston wrote:
At 3:46 PM -0500 12/17/03, DMH wrote:

One of the problems all authors have with the Indian publishers is
that most of the copyright rules are enforced differently. I have
been lead to believe that India is not a signatory to several
international treaties about copyrights.

There is nothing a lawyer here in NZ (or when I was in the USA) can
do. It has to be represented in an Indian court with an Indian lawyer.
You want to give me the money for that fight?

This is the reason I just asked Jain to annotate the references and
include a copy in each book sold.
I am not even going to the place where I push further-- that some of
those images are NOT MINE TO GIVE. They belong to others (as credited
in my book) and, by right, Jain should ask permission of those folks,
and pay the fees, as I did.

It is also obvious to me that many of the bios were lifted from my
book, but the wordings were slightly changed. This is obvious to me
since I know that the information I gleaned to produce those bios
came from a variety of sources that others would probably not have
access to.

But what can I do?
I would rather have credit given than have it taken with no credit.

JW
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