Re: OT : Iriswiki and copyright
iris@hort.net
  • Subject: Re: OT : Iriswiki and copyright
  • From: J* I* J* <j*@usjoneses.com>
  • Date: Thu, 21 Jan 2010 21:41:37 -0800
And don't forget the fair use provisions of copyright law.

John
On Jan 21, 2010, at 7:56 PM, Steve Szabo wrote:
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

---------------------------------------------------------------------
To sign-off this list, send email to majordomo@hort.net with the
message text UNSUBSCRIBE IRIS

---------------------------------------------------------------------
To sign-off this list, send email to majordomo@hort.net with the
message text UNSUBSCRIBE IRIS


---------------------------------------------------------------------
To sign-off this list, send email to majordomo@hort.net with the
message text UNSUBSCRIBE IRIS
Other Mailing lists | Author Index | Date Index | Subject Index | Thread Index