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Re: Opinion please....

  • To: Multiple recipients of list <iris-l@rt66.com>
  • Subject: Re: Opinion please....
  • From: scott jordan <sjordan@unm.edu>
  • Date: Mon, 29 Sep 1997 10:02:44 -0600 (MDT)

On Mon, 29 Sep 1997, Irisborer@aol.com wrote:
> > 
> > My questions are on a policy for such a tape:
> > 
> > 1.  Who owns such a tape?  The club who sponsored the speaker or the speaker?
> > 2.  What do other clubs do when a tape is made?  I suggested loaning it
> > freely within our club and renting it outside the club.
> > 
> > This particular speaker is very kind and generous and he is not the problem..
> > however, he has raised the question because he believes a policy should be
> > put in place.

On Mon, 29 Sep 1997, John I. Jones wrote: 
> Always being one willing to put his foot in his mouth....
> My cut on it would be the following:
> The information on the tape belongs to the speaker. It is his form of
> artistic expression, just as the words on a piece of paper are the
> artistic expression of the writer.
> If the owner of the copyright (implied in this case) gives or sells
> those rights to the club, then they may be used by the club within the
> context of that grant.
> If I were the speaker, I would write a letter to the club (retroactively
> in this case) granting you (the club) permission to record my
> presentation, and granting the club the right to use the tape in the
> limited context of sharing it with other members of the club and/or
> renting it to other clubs for the purpose of wiewing it only. I might
> even want a royalty (or not). All copies of the tape should be marked
> with a copyright notice (to me). (Hmmmmm - on second thought maybe I
> can't do that until I register it. Hmmmmm - it probably wouldn't hurt
> anyway)
> So maybe the way to establish policy would be to create a letter, that
> any speaker you have would be asked to sign, that would grant the club
> royalty-free permission to use the tape of whatever (named/dated)
> presentation the speaker was going to give in limited use context of
> loaning/renting the tape to Hosta clubs.
> Me no lawyer, this is my personal opinion only and should not be
> construed as any sort of advice.
> John I. Jones

Scott's Response: 
It seems to me that John I. Jones' response is probably the safest way to go; 
copyright should probably be obtained in case the tape turns into a high
demand item.  In previous postings, I described the process one local club
(Albuquerque Aril Society) used to make two aril/arilbred judges' training
tapes.  We didn't bother to obtain copyright nor do we have letters of permission
from the speakers, although there was an implicit agreement that their presentations
could be distributed.  Societies which have copies loan the tapes to their
members, the AAS loans tapes to non-members for a nominal fee ($7.50) and 
we sell copies for $20.  Tape production, duplication and mailing are
significant costs.  We have sold quite a few, but have certainly not recouped 
our cost.  Groups or individuals who undertake such video production as a
money-making venture are probably in for disappointment; this really
should be viewed as a service function for irisarians.  
Just my take on the issue.
       Scott Jordan,  Albuquerque, Zone 7, Middle Rio Grande Valley

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