[Merlin]

My learned colleague is correct in what he says above.

If I can draw a parallel with TOSEC for a moment;-

TOSEC collects ADFs of Amiga software for preservation purposes, just like CAPS. TOSEC allows the information (albeit copyrighted material) into the public domain via torrents on sites like Underground Gamer and Pleasureworld. There are people who openly advertise Amiga collections which are obviously TOSEC material, however, TOSEC can do nothing about it since the original data the ADFs were compiled from were copyrighted material in themselves.

In this case, HOL are in exactly the same position as TOSEC in my case; you cannot complain, since the material you are claiming copyright on is not copyright to you. The images are the copyright of the original publisher/creator/artist that created them.

The best option is to make it all public domain, then grin and bear it if people try to profit from it on the auction sites, that is their problem if it goes pear shaped (for example, Sony could take him to court for using Psygnosis images, since Sony now own Psygnosis).

On the other hand, why should any member make any further contributions to a database, that you lock away and not allow people to make proper use of? All this is leading to is demarcation of the scene as you are not giving back what you receive from the members' submissions.

If it's in the public domain then it's tough, you can't take your bat and ball home just because you don't like what people do with your copied material. You can't change the truth, just because you don't like what it looks like.

Incidentally, I see no disclaimers on HOL stating that all scanned artwork and images are the copyright of the original author/publisher/artist etc., I would strongly recommend that you add such a disclaimer and also cover yourselves for any mis-use or abuse outside of your control.