RE: OT : Iriswiki and copyright
iris@hort.net
  • Subject: RE: OT : Iriswiki and copyright
  • From: &* S* <s*@familyszabo.com>
  • Date: Thu, 21 Jan 2010 22:56:04 -0500
IANAL, but, the way I understand copyright is that you hold the copyright on
your IP unless you relinquish it to another person with or without
remuneration. AIS can hold the copyright on any publication in which your
description is used, but does not hold the copyright on your description, so
long as they have your permission to use it as such.

There is a publication I used to write for on an occasional basis. All
articles appearing in this magazine retained to original author's copyright,
and the writers were compensated for this use under the condition that the
article was not published elsewhere before it was published in the magazine.
>From time to time, they would issue special publications that would
occasionally contain an article that had been previously published in the
magazine. It is my understanding that those authors were compensated again
for the use of the article, and the copyright still remained with the
original authors. The publications also carried a copyright as a compilation
work.

It has been years since I have written for the publication, but it is my
understanding that the copyrights remain with the authors. Anyone wishing to
republish the material would need to get permission of the author to do so.
The magazine also contained a number of columns that were written by the
same person each issue (different columns, different authors). I do not know
who held the copyright in those instances, but I suspect it was the
publication from a few conversations I had with the editor when he was
trying to get me to write a column, which I turned down.

Copyright is a tricky critter. If you have any real questions about it and
its use, then you would need to really consult with an attorney who
specializes in such stuff.

\\Steve//


-----Original Message-----
From: owner-iris@hort.net [o*@hort.net] On Behalf Of John
Bruce
Sent: Thursday, January 21, 2010 4:44 PM
To: iris@hort.net
Subject: [iris] OT : Iriswiki and copyright

I have been following the development of the iriswiki and the current
controversy with a great deal of interest. I have seen some comments that
have
made me feel I needed to post something and possibly get clarification on or
open up broader dialogue on. This is a little long, so if you have no
interest
simply hit the delete key.

One issue is the concern over using official R&I descriptions in the
iriswiki,
particularly copyright infringement and intellectual property infringement.
As
a hybridizer I grow and evaluate seedlings. I decide what cross to make and
which resultant seedling will be introduced. Until I sell or give that plant
out there is no doubt that it is MY property and a result of my physical and
intellectual intervention upon mother nature. I also create the description
and deliver the other information necessary to complete the registration
form,
so one would have to assume that that description is really MY intellectual
property. I also pay a fee for the registrar to process that information and
publish it in printed materials known as Checklists, which I then purchase.
I
do not have a problem with this. I also pay a yearly fee to access the
online
checklist for the ease of checking names and researching parentages. Again,
I
have no problem with this fee.  I certainly hope the AIS at least recoups
the
cost of producing the print checklists, including compensation for the
registrar and storefront. I also hope the AIS at a minimum covers the costs
of
keeping the electronic checklists going. If there is cash left over,
great...it can be used for enhancements or to help in other areas. Where I
have a problem is with the concept that the AIS owns the intellectual
property
and copyright over these entries, to wit that they may not be used for
another
AIS venture such as the wiki or catalogs. If I introduce the iris, does this
mean I am violating a copyright for using the R&I entry I created? Do I need
"express written consent of the copyright holder" before I do this?

I certainly understand protecting the information, particularly from other
entities profiting from it such as Dave's Garden (which by the way refuses
to
correct information even when provided by the hybridizer themself). However,
one needs to consider that something like the iriswiki will serve the
function
of the AIS to promote irises, and to a vast audience which the 8000 or so
members of the AIS pales to in comparison. People will see irises and learn
about them, reduce frustration by knowing what may not grow in what area,
etc.
I grow daylilies....their cultivar info is available in many places on the
'net for free. I also believe the fee for registering a daylily cultivar is
optional. Unless it has changed, only North American hybridizers must pay
for
registrations...I am not sure I understand that one. Anyway, the
Hemerocallis
Society doesn't seem to be having as many woes as AIS.

I have talked with many people who are current and past members of AIS. I am
a
"past" member myself. There are many who feel that AIS is far too slow to
change and somewhat elitist. There is annually the discussion about falling
membership and cash flow. A free dissemination of information such as the
iriswiki is certainly not going to add much to the demise of the
organization,
but it could very well aid it. Dinosaurs ruled the earth for 300 million
years
until the lack of ability to adapt to changing conditions made them extinct.

My .02 for what it's worth.

John Bruce

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