[NAFEX] converted willingly

Claude Sweet hortventures at cox.net
Thu Oct 28 18:39:58 EDT 2004


The moment anyone creates written, graphic, or musical material, the 
ownership resides with the creator.  Only they can transfer their rights 
to another person, company, or organization.  Failure to have a a 
precise written contract to transfer these rights for a specific 
temporary or permanent time period can result in a lot of unpleasantness 
and legal expenses. 

The Garden Writer Association is a professional group that consists of 
individuals who write articles and books on horticultural subjects.

Appropriating someone's creative effort can be consider plagiarism or 

A signed release form solves the problem and should be a common practice 
whenever an article is accepted for publication.  This is a simple 
concept that is being ignored by most non-profit horticultural 
organizations and will eventually cause problems if not addressed as 
groups use the internet and CDs to distribute their publications.

Claude Sweet
San Diego, CA

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.

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