[NAFEX] converted willingly

Bruce Hansen brucedhansen at sbcglobal.net
Thu Oct 28 10:55:41 EDT 2004


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
[mailto: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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