Posted By RPGjunkie on 12/16/2014 5:49 PM
I'm curious as to how this will effect the existence of JamesAxler.com. I'm hoping that this site will continue to operate after the closing of Gold Eagle's doors.
Short version: I'm not sure.
Medium version: I have every intention for JamesAxler.com to remain for many years to come. Whatever the site does or does not mean to anyone else, it has been my primary online identity for over seventeen years now and I have no intention of letting it go.
Long version: Honestly, I am a little bit worried. When I first launched the site I fully expected to get a Cease and Desist letter from the lawyers at Harlequin. And if that had happened early on I would have shrugged and handed over the domain name. After a few years, though, my position changed. I knew that the senior editors at Gold Eagle were aware of the site's existence, and for whatever reason (probably indifference) they chose not to try to shut me down.
I have always done my very best to ensure that the content on this website remains well within my understanding of Fair Use laws. Of course, I'm in the United States and Gold Eagle / Harlequin is based in Canada, so even if I am correct in how I read the Fair Use statues in the U.S. that does not necessarily apply internationally. Still, I have done my best to be honest in my dealings with Gold Eagle and the authors and editors with whom I have become acquainted. I think if push came to shove and there were some kind of intellectual property dispute between Gold Eagle and this website I would have a very strong leg to stand on in defense of this website.
I honestly have no idea what happens to the intellectual property once Gold Eagle folds. I have some educated guesses on what might happen to the Bolan properties, but they are only guesses.
With the Axler properties, the most likely thing is that they will simply fade into oblivion. There will literally be nobody left with any legal standing who will care enough to say anything to be about the site either way. In that case, the site goes on for years to come and I try to find some way to keep it relevant.
On the other hand, if another publisher comes along and takes ownership of the Axler intellectual property (and don't hold your breath on that one), that's where I become nervous. Because if I am the lawyer at a publishing house that just acquired a new piece of IP, the first thing I am going to want to do is enforce my IP rights to protect my new trademarks. In that case, I still think I am on fairly solid footing to push back if I get a Cease and Desist. But at a certain point I would have to do a cost/benefit analysis and make a reasonable choice.
If a white knight comes along and continues the Deathlands legacy, I hope that I can continue to be seen as a valuable resource to them and not as an infringer. I should hope that I could have a reasonable dialog with the new owners and reach an accommodation. But frankly, that is such a remote possibility right now that I can't really expend any energy on it. If another publisher comes along, it won't happen anytime soon. Think Easter at the very soonest, given how the industry works.
In the meantime, you've got another Alan Philipson book coming in a few months. You've got three more coming from Victor Milan, and if they are anything like Desolation Angels they will be real humdingers. On top of that, a little birdy has whispered in my ear that you will have some Chuck Rogers news in the not-too-distant future that you will be excited to hear. Mark Ellis continues to produce both graphic novels and high adventure prose. There is a cornucopia of great action writing out there, written by your favorite Axler authors, and the very best thing you can do is support them by buying their books and recommending them to your friends.
I ain't going anywhere, not anytime soon.