[NAFEX] converted willingly

Heron Breen breen at fedcoseeds.com
Thu Oct 28 13:17:33 EDT 2004


I do not think any of us, as members of this organization acting voluntarily, can
call ourselves garden writers writing for a publication. Even those you may be
"garden writers" in other fields or as a career a would feel would have little
claim  to their rights beyond their vote on whether or not to create a compedium.
I would be very suprized if any members exercised obstructionist legal manuveurs
to protect some very undefined rules as to where copyrights apply to round-robin
exchanges between members of a non-profit already published in a quarterly
manner. But I agree a legal inquiry is welcome. I think researching this is a
very good idea to confirm or allay concerns.
Peace 
Heron 

On Thu Oct 28  9:55 , 'Bruce Hansen' <brucedhansen at sbcglobal.net> sent:

>Claude:
>
>You can buy past issues from NAFEX if you are a member and pay a fee. Some
>of my clients are attorneys.
>
>Bruce
>
>-----Original Message-----
>From: nafex-bounces at lists.ibiblio.org
>[nafex-bounces at lists.ibiblio.org','','','')">nafex-bounces at lists.ibiblio.org]On
Behalf Of Claude Sweet
>Sent: Wednesday, October 27, 2004 3:13 PM
>To: breen at fedcoseeds.com; North American Fruit Explorers
>Subject: Re: [NAFEX] converted willingly
>
>
>Heron,
>
>I am a member of the Garden Writers Association and I believe you are
>basing your entire premise that there isn't any problem on invalid
>assumptions.
>
>Any writer must relinquish their copyright or ownship or their creative
>efforts. It can not be assumed that their written communication is in
>the public domain just because they are not paid for their work.
>
>Many garden writers will contribute article to various organizations for
>inclusion in their publication.  Very few of these editors send written
>(mail or email) forms for the necessary publishing release.  They
>frequently attempt to suggest that their publications are copy
>protected, but they lack the supporting releases.  Thus they lack the
>ability to allow for another organization to even reprint individual
>articles let alone have the entire publication archived on a CD or
>posted on a web site.
>
>Copyrights have nothing to do with being circulated within a specific
>group, even if the person is a member of the group. Written releases for
>given for one time publishing doesn't allow the publisher to convert the
>material one median (printed POMONA articles) to a different media such
>as video, CD, DVD, or internet.
>
>I strongly urge anyone who attempts this project, either with or without
>the sanction of the NAFEX, to have a written opinion from an attorney
>with experience in copyright law as it applies to authors,
>photographers, and illustrators.
>
>As I recall, the NAFEX board has previously encountered copyright
>problems related to publishing its handbook.
>
>Claude Sweet
>
>Heron Breen wrote:
>
>>because no one is paid for their articles, and everyone voluntarily
>contributes,
>>and all the articles are open forum already to members, speaking strictly
>of
>>Pomona, but this also applies for the list-serve, there are no legal
>recourse for
>>not having your comments and letters included. Do not write them if you are
>>concerned. As long as it is sold only within members, there are no
>problems. The
>>board which is the elected representative body of the membership, their
>voted
>>approval for the project clears all legal barriers for a non-member
>database or a
>>broader sale of cds. The legal issues are thankfully not complicated if
>folks
>>proceed within the governing structure of NAFEX. If folks want to make
>private CD
>>databases of Pomona, that is fine, but the sales of such would be most
>likely
>>illegal, and the editing and formatting oversight of the official body of
>NAFEX
>>would reduce its value in the Public Domain. The real challenge is getting
>broad
>>support from the membership and from the board.
>>Heron
>>
>>On Wed Oct 27 11:19 , Claude Sweet hortventures at cox.net> sent:
>>
>>
>>
>>>Bruce,
>>>
>>>I suggest you have all of the authors provide you with written
>>>permission to put their articles on a CD and distribute it.  All it
>>>takes is one person to object and you can become involved in litigation
>>>that will be both time consuming and expensive.
>>>
>>>Claude Sweet
>>>San Diego, CA
>>>
>>>
>>>
>>
>>
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