mbo1142

I thought I was wrong once, but I was mistaken.
04 Jul 2015
08:53:55pm

Wanted to start a new thread so that if anyone feels that the original should be deleted because of the illustrations, at least this will show why.

To all interested in the Monty Wedd stamp illustrations:

I am not holding out much luck in getting approval from the Wedd family to show the illustrations. Following is what I have gleaned so far:

Trying to find out if anyone held any copyright on the illustrations, I made contact with Nat Karmichael, the publisher of Comico. His response was

“Hullo Melvin!
I shall cc this letter to Justin Wedd, son of Monty, who can help you in this regard.
Interestingly, Justin and I have already discussed plans about reprinting Monty's Stamp works in the one volume, in conjunction with the Bunker Cartoon Gallery in Coffs Harbour (New South Wales, Australia); although the plans are quite a deal in the future at this stage.
I am sure you will find Justin more than helpful: he is a good man to deal with.”

Shortly thereafter I received the following email from Justin Wedd:

“Melvin,

Thank you for your email through Nat Karmichael of Comicoz.

To answer your question, the copyright of all works by Monty Wedd are owned by the Wedd family and no works may be reproduced without our express written permission.
I am the representative for the family in regards to all Monty’s (my father) works.
To assist you with your enquiry I ask the following:

What illustrations are you wishing to reproduce?
How long for?
Are they to be used as part of any advertising or promotion?
Why do you wish (or need) to show the illustrations as part of your chat board?
Do you require ongoing access to Monty’s Stamp Oddities and Stamp Stories?

I look forward to your response.

Kind regards,

Justin Wedd | Principal”

I answered his questions on 1 June 2015 and received an email indicating that my message had been read, but no answer. I also made contact with Mr. Charles Elias a newspaper reporter who wrote an article regarding the publication of Monty Wedd’s book Ned Kelly. He was most helpful in providing me the address and phone number of Monty’s widow, Dorothy. He suggested that I write her a letter since she does not have email. I wrote her on June 2, but have not received an answer.

I have also found the following information regarding drawings by Monty Wedd, posted by Nat Karmichael when discussing the publication of Monty Wedd’s book on Ned Kelly:

“Just a quick update on matters COMICOZ... The Family of the late Monty Wedd have agreed to terms, allowing Comicoz the reprint rights to many of Monty's works from the past. (Monty held the Copyright to most, if not all of his works, and this has made the legal processes easier for all parties. Sadly, there are many Australian Artists and Cartoonists in years gone by who 'worked for hire' for various local publishers, making it more difficult to track down or even establish the present-day owner of this past material.) The first work of Monty's chosen to be reprinted is based on the Australian Bushranger, Ned Kelly. “

Meanwhile I continued to research Australian copy right laws and came up with the following.

“Copyright is free and automatic upon creation of the work. In general, the first owner of copyright will be the author (for literary, musical, dramatic and artistic works) or producer (for sound recordings and films) or broadcaster (for broadcasts).

A copyright notice (©) is not required on a work to gain copyright, but only the copyright owner is entitled to place a notice. It is useful in publishing the date of first publication and the owner. Where a copyright notice is used, the onus in infringement proceedings is on the defendant to show that copyright does not subsist or is not owned by the person stated in the notice. In addition starting in 2004 the author’s work is protected for 70 years after his death. Because Copyright is free and automatic there are no records kept and it is up to the requester to determine who owns the rights.”

I also emailed the National Library of Australia; they have 2 of Monty Wedd’s books, Stamp Stories and Stamp Oddities. No answer received.

In addition snowy12 asked the question on Stamp Boards re: copyright of Monty Wedd stamp illustrations and received the following answer from the Global Administrator,

“It would depend of course on what you are doing with the images. If you plan on issuing a book titled, “The Artwork of Monty Wedd” you’d need clearance. If you post them here, you do not. Monty has passed, and Bill Horndage has passed. I'd suggest the chance of any copyright action for anything used non profit are somewhere less than zero.

Both were great mates and worked together for decades. Both were old style gentlemen, who were from an era where you only saw Lawyers when you sold a house etc.

In Bill's earlier days Monty designed postcards, FDCs, cartoons and illustrations in every Stamp News magazine for decades. They did 1000s of things together.

Monty designed all the Seven Seas album page headings which have been sold by the millions, and oddly do not have any kind of copyright logo or info on them in all the wording at left. “

Not hearing from Mr. Justin Wedd, I sent another email on 18 June, 2015 indicating that it was a follow up and if he had any additional questions, to please let me know. I received another email indicating that my message had been read, but still no answer.

I also sent an email to the publisher of “Seven Seas Stamps”. They used to run Monty’s Stamp Oddities. Following is the response I received:

“Dear Mel

Thank you for your enquiry. I apologise for the delay in replying.

Yes it is the case that Monty Wedd provided ‘comic type’ illustrations for the publication Stamp News, many years ago.

Stamp News is definitely still in business. It has not been owned by this company (Seven Seas Stamps) for some decades, so we have no way of helping you with any copyright matters.

I suggest the best approach is to make enquiries with the current owner and publisher Kevin Morgan, who can be contacted at kevinmorgan2@live.com He is located in Melbourne.

Kind regards, John Higgs”

I then sent an email to Kevin Morgan of Stamp News. His response:

“Mel,

Thanks for your email

International copyright law rests with the author or artist, and not with the publisher, or with the beneficiaries of any estate for a period of 75 years after death. Unless the author has signed a copyright release.

We have not published anything by this author/artist since taking over the magazine in 2002.

Monty is still alive and continues to get his monthly issue of Stamp News, and so you would need to contact him for permission.

He has no email address, but you may write to him here:

Monty Wedd
2-8 Slades Road
Williamtown, NSW
Australia 2318

Best regards

Kevin Morgan”

I emailed back that the address he had was for Monty’s widow and that Monty had died in 2012. His response:

“Thanks Mel,

we had not been informed of Monty's passing.

Best regards, Kevin Morgan”

I sent a third email to Mr. Justin Wedd on July 1 again seeking permission. I have not received any response indicating if my email has been read or not. I am still waiting on Justin Wedd to respond, but as I mentioned above, I have about given up hope of any kind of response.

My copy of Stamp Oddities does not have any information regarding any copyright issues at all.

I see no problem in showing the illustrations on SOR as they have been printed in a number of publications and other chat boards over the years with no problems. However, I am not a lawyer and have no desire to be a lawyer, so I leave that up to the board moderators. If I ever receive an answer from Justin Wedd, I will inform everyone and we can proceed from there.

Sorry this is so long, but wanted everyone to know the current status.

Best Regards, Mel

 
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BobbyBarnhart

re: Monty Wedd and History of Stamps Part II

From the Global Administrator of Sramp Boards:

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