Final resolution of the Springer situation

[NickH]

I can present this, now that the matter is closed, with Springer having settled with me out of court for 38 instances of breach of copyright in a book they have published. The error was 100% on the part of the author of that title, who has to agree to obtain clearance for all images included, and seek written confirmation to that effect.

The author has also presented a formal written apology.

Mr Phillip Pugh (the author) states as follows

As author of The Science and Art of Using Astronomical Telescope (ISBNs 978-0-387-76469-6, 978-0-387-76470-2, and 978-0-387-5), I would like to apologize for the unauthorized inclusion of images from Mr. Nick Howes in this book. This was in breach of copyright and without my having obtained final permission for their use from Mr. Howes. This situation came about through an unfortunate sequence of events and not as a deliberate attempt to publish his images without due credit or reward. Unfortunately, these images can neither be removed nor replaced, as the book has already been printed.

To be fair to all parties involved, Mr. Howes will be compensated fairly for the use of his photos. As the author, I would like to publically apologize to Mr. Howes for any inconvenience caused and thank him for his timely, reasonable, and amicable willingness to resolve this matter.

Mr. Howes’ images will not be used to promote the publication in any way.

I also give Mr. Howes the right to distribute this apology, without alteration, to whomever he may wish.

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The images concerned were withdrawn from the publication once it became clear that major issues existed with the title, and email notifications to that effect were sent to both the author and the publisher, however, both appeared to believe that the other would remove them, and then a third party company, who manage printing the book decided to go ahead with inclusion of all 38 images, some without any credit, most, printed badly with pixelation and scaling issues.

Springer have been forthright and extremely professional in dealing with this matter. I have donated a large proportion of the settlement to various charities of my choosing, retaining what I felt would have been suitable royalty payments which went towards a new scope.

[Paxo]

Well done on the donation to the charities Nick, your a true gent. So glad you got this sorted, even though you know your in the right, it can be a long and very draining process to get to an outcome you believe to be right. I still can't belive that they went ahead with what you have described as very poor versions of your images, it does neither sides reputation any good, especially yours.

Steve..

[DarkerSky]

Protecting image copyright and content copyright for that matter is something that seems increasingly difficult to do these days IMO. Well done for sticking it out and getting the right closure on that

[TheThing]

Well done, a great resolution all round.

Have you posted the apology on the S@N forum at all? Mr Pugh seems to Lord it up over there!

[barkis]

I don't see any point in prolonging the Issue. I'm sure Nick is satisfied that honour has been restored, and the Charities that received some of the monies as a result, will be more than happy, and will appreciate Nick's generosity. Let's not tarnish that with any more unnecessary vengeful words. The matter is better closed, as Nick would hopefully agree.

Ron.

[NickH]

I do indeed Ron... I do indeed

[Tim]

[Tim]

Glad its sorted to your satisfaction Nick.