Tom Bennett wrote:@Tom Stone: I just put a comment on the page on this concern. Please have look. I won't take it down for the moment. Btw. anybody can buy the DVDs or the Books and I doubt if Tommy Wonder Estate does get money for it anylonger.
Dear Tom. You have a good reputation, and I can see that the transgression was made unintentionally in good faith, so I'm surprised over your response. You are not an amateur who is ignorant of artistic rights. Right?
While there are a lot of weird problems with copyright in USA vs. the rest of the world, those troublesome issues do not exist here since both Holland and Germany have signed the Berne convention without reservations.
That means that, since the creator of the piece is dutch; dutch copyright law is applied. The piece therefore is protected by copyright during 70 years after the creator's death. The rights belong to the estate of the creator.
In the comments at your blog, you write: I didnt make it better, I just distilled the best from the Book and DVD.
. With that, you admitted that it isn't a derivative work (which would have been allowed) but a clear-cut transgression of copyright. And the document is too long and detailed to fall under the Fair Use doctrin. Should the Estate choose to bring this to court, you would lose within minutes. Google it, if you have any doubts.
With this piece, the Estate is extra sensitive, emotionally, since Christian Schenk of CardShark.de has obtained the license to manufacture it, and Christian is held in very high esteem, since he was the first person ever
to contact the Estate to ask permission. I.e. the Estate is not happy with anything that might undermine Christian's work.
Still.... After discussing the matter with Frank Bemelman and Christian Schenk, the position is: Your document is unlikely to hurt Christian's license, and Frank recognize that you hold his brother in high esteem. Frank said that if you ask for permission, you will recieve it instantly, and then it will not be a copyright transgression anymore.
The way have been paved for you. I hope you take it.
Contact the estate at: firstname.lastname@example.org