[NAFEX] publishing CDs

Claude Sweet hortventures at cox.net
Wed Oct 20 18:59:41 EDT 2004

There are several questions that must be asked and answered by someone 
who has a background in law and copyright assignments.

Most nonprofit organizations that publish newsletters do not have a 
procedure for each author/writer to sign allowing the organization to 
publish their material in a specific format, North American or 
International rights,  or definingif the publishing rights are one time 
or multiple times.  Ask any member of the Garden Writers Association how 
important a signed contract is when problems occur. 

Just because there was no promise or expectation of payment for the 
articles, this doesn't relieve the organization from obtaining the 
proper releases prior to undertaking a self publishing effort for the 
CDs. If Mother Earth News enters the picture, they will expect NAFEX or 
the CRFG to be able to provide the necessary releases.

Who will distribute the CDs?  When I was the president of the CRFG, 
there was a question of selling back issues of the annual year book and 
quarterly newsletters.  We sold the person a membership for the year in 
question and gave them  all the publications for that year. This avoided 
the need to obtain a sales tax permit and  have to collect sales taxes, 
file reports, and remit the sales tax collected quarterly.

Membership benefits in California, such as providing publications, are 
exempt from sales tax assessments. It is possible that the same concept 
could be used to provide back issues of POMONA on CDs - charge for the 
membership expense of each year on the CD.  Discounts for payment prior 
to pressing the CDs might reduce the cost without triggering the 
collection of sales taxes.  Another possibility is adding an electronic 
membership class with a lower assessed rate.

The devil is always in the details. If the end goal is worthwhile, the 
time and effort to do the job once is worth the wait. Identifying the 
potential problems and devising workable solutions must be our highest 

Claude Sweet
San Diego, CA


Doreen Howard wrote:------------------------------

> I'm on my way out the door to catch a plane and will be gone until 
> next Monday, but I'll throw this out.  Mother Earth News asked me to 
> approach the NAFEX board about archiving all the Pomona issues and 
> indexing them into a searchable data base.  It would be on the Mother 
> Earth News website, but it would be linked to the NAFEX site.  Of 
> course, MEN will benefit, but they will also do the heavy lifting.  I 
> imagine that CDs of the NAFEX material would be for sale down the line 
> with part of the profits going to NAFEX.  I threw this out to the 
> board, and there was little discussion.  This may be the time to do 
> the talking.
> While I'm gone (son is getting married in Nevada), thrash this out 
> amongst yourselves, decide if this is a good thing for NAFEX and put 
> together a rough draft of a counter-proposal--what NAFEX expects, 
> gives, etc.  I'll take it to the MEN publishers and we can negotiate 
> from there. Please send the draft directly to my email address, below, 
> so it doesn't get lost in the spam and listserv chatter.
> MEN is also approaching California Rare Fruit Growers with the same 
> proposal.  It would be great to have so much fruit information in one 
> place.
> Doreen Howard
> gardendiva at charter.net

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