For those of us in Canada, here is a link to the Canadian Intellectual Property Office for information on copyrights.
http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html
I gather they are quite similar to what John Jones has outlined however subtle differences may exist.
Kate Brewitt
Toronto Region Iris Society
--- In i*@yahoogroups.com, John I Jones <jijones@...> wrote:
>
> It would seem that both whether a use is charitable or commercial is
> only part of the issue, and that it is the "educational" aspect that
> confers the exclusion.
>
> And yes, I understand that part of the AIS 501 (c) (3) objectives is
> eduction, but that was not clear in your post.
>
> So those affiliates that are under the AIS 501 (c) (3) would qualify
> for the exclusion, but those that are not would not.
>
> John
>
> § 107. Limitations on exclusive rights: Fair use40
>
> Notwithstanding the provisions of sections 106 and 106A, the fair use
> of a copyrighted work, including such use by reproduction in copies
> or phonorecords or by any other means specified by that section, for
> purposes such as criticism, comment, news reporting, teaching
> (including multiple copies for classroom use), scholarship, or
> research, is not an infringement of copyright. In determining whether
> the use made of a work in any particular case is a fair use the
> factors to be considered shall include ?
>
> (1) the purpose and character of the use, including whether such use
> is of a commercial nature or is for nonprofit educational purposes;
>
>
> On Jul 16, 2010, at 6:11 PM, Bob Plank wrote:
>
> > The proceeds of sales of donated irises by AIS organizations are
> > used for the support of its 501 (c)(3) objectives. Therefore the
> > sales are charitable, not commercial. Bob
> >
> > From: John I Jones <jijones@...>
> > Sender: i*@yahoogroups.com
> > Date: Fri, 16 Jul 2010 18:00:04 -0700
> > To: <i*@yahoogroups.com>
> > ReplyTo: i*@yahoogroups.com
> > Subject: Re: [iris-photos] Photo Use Guidelines
> >
> >
> > The general rules of thumb are as follows (recognizing that I am
> > not a lawyer and what I say has no legal standing):
> >
> >
> > Copyright of a photograph generally belongs to the photographer in
> > perpetuity.
> >
> > A copyrighted item may not be used for commercial purpose without
> > permission.
> >
> > A copyrighted item may be used for educational purposes (without
> > obtaining permission)
> >
> > There are other "fair use" provisions, but copyright law is VERY
> > complex and even the statements above can have complexities.
> >
> >
> > The net of it all is that the pictures on iris-photos and the Wiki
> > should not be used for commercial purposes (including club sales).
> > That a organization is a 501 C (3) non-profit does not create an
> > exception to that rule.
> >
> > If anyone knows better please let us know.
> >
> >
> > John
> >
> >
> >
> >
> > On Jul 14, 2010, at 7:03 PM, Jean Sturtevant wrote:
> >
> >>
> >> To John Jones or Robert Pries:
> >>
> >> It might be timely to post general "guidelines" for photo use at
> >> this site and the Twiki site as iris sales will be coming up in
> >> the next month.
> >> Might one of you do this? Would much appreciate it!
> >>
> >> Since I do our monthly newsletter for our local society, I would
> >> appreciate seeing anything pertinent to that included.
> >>
> >> Thanks in advance.
> >>
> >> Jean Sturtevant
> >> table cellspacing="0" cellpadding="0" width="100%">
> >> <imstp_animation_butterflies_en_020908.gif>
> >>
> >
> >
> >
> >
>