[nafex] Copyright issues (formerly Online and in Pirint)
PermacultureNo1 at aol.com
PermacultureNo1 at aol.com
Mon Dec 11 09:13:23 EST 2000
In a message dated 12/11/00 7:47:13 AM, edforest55 at hotmail.com writes:
<< You stated earlier that: "If the board votes to put someone's work
out there for anyone to access, I think the authors should be advised
in advance so that they can withdraw their work if they see fit."
The board already has advised the authors that this is the case, I
"Articles may be reprinted as long as credit is given to its authors
and Pomona." <<
REPLY: You almost have a point. I am indeed aware of the permission the
board grants to the resources owned by others, and have decided to put up
with it in print articles. However in my opinion, disseminating the material
on the web is going too far. I would not want to inhibit a member from
copying an archival copy from the library so that s/he could have use of the
material. And I am aware that from time to time leakage beyond that is
inevitable. I can accept that.
However, between the time that NAFEX was founded and the time that the Web
became an issue, the legal situation changed. Supreme court rulings have
established that copyright is inherent property of the author or artist or
other creator of the work. In the case of works for hire, meaning by an
employee, the employer holds the copyright unless there is a contract to the
contrary. This is a very good ruling. It means that this post is copyright,
and no one can do anything with it without my consent. I have no legal
training, but yet I think maybe the Supreme Court has more authority in
determining what is and what is not a right than the NAFEX board. You cannot
post a notice obviating my property rights, or anyone's property rights, and
have it mean anything. Again, at one time, this notice did mean something
because copyright resided with the publisher. Now it does not. It is like
me telling people that they are free to take a spin in your car or raid your
refrigerator. You still have the same property rights that you did before I
made my announcement. I have no authority to give away what is yours.
The coming of photocopy machines and electronic communications has made it
very difficult for people who create works to control what they create.
Therefore these issues arise.
I would agree that there needs to be some material that can freely circulate.
I have probably placed more permaculture material in public domain than
anyone else, maybe more than everyone else. But it is my choice. If you
want to lend someone your car, it is your choice. It does not mean that now
anyone can use your car.
My suggestion is that the bord might consider requesting express permission
to post articles on the web. Meanwhile, I will include a fairly explicity
copyright notice on my submissions.
A lot of people seem to get a thrill from seeing their names in print. For
someone who has written for a living for 45 years, it is more of a concern to
see one's name where it wasn't offered.
I don't know if this is true of the NAFEX board of directors, or only of some
of its membership, but I have seen Boards grow out of touch and get very
autocratic in other organizations. That is the beginning of the end. I've
always admired NAFEX as an organization, I think POMONA is worth way more
than the membership fee, and the library is a phenomenal resource. I think
maybe it is time take a serious look at some sort of balance between making
material available and giving away the farm.
>>This is found on the front cover of every Pomona.
The above notice clearly allows us to share information found in our
egroup as well as Pomona, ""
REPLY; This is patently untrue. Even if the Pomona notice had any force,
which it does not, it cannot be construed to apply to anything which is
nominally associated with NAFEX. Next you will be saying that someone can
enter the files or computer of a member and copy what they find there because
the person is a NAFEX member and you have a notice in Pomona. Please think
about this again.
I have ingnored the objections of a few who
think that I need to re write material or request permission from the
REPLY: Some of the few happen to be justices of the Supreme Court.
>>I would encourage the rest you to do so also, as a right
that isn't used is a right that is lost.<<
REPLY; There is no "right to steal."
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