[NAFEX] converted willingly

C. Waite Maclin waite8 at gwi.net
Thu Oct 28 13:40:09 EDT 2004


I see myself as a gardener/backyard orchardist who happens occasionally 
to write. Waite Maclin, Maine, Zone 5
On Thursday, October 28, 2004, at 01:17  PM, Heron Breen wrote:

> 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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