[NAFEX] converted willingly

Claude Sweet hortventures at cox.net
Wed Oct 27 15:13:05 EDT 2004


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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