pbs Digest, Vol 85, Issue 8

Mark Mazer via pbs pbs@lists.pacificbulbsociety.net
Sun, 17 Mar 2024 11:40:34 PDT
IMHO... the risk is minimal. The cost to pursue an infringement case far
outweighs the benefits. See, for example:
https://legalzoom.com/articles/…

Mark Mazer
Hertford, NC

On Sun, Mar 17, 2024 at 2:12 PM Jane McGary via pbs <
pbs@lists.pacificbulbsociety.net> wrote:

> Sorry, the permission statement James Shao quoted probably would not
> cover reproduction on a public Internet site. The wording was developed
> to protect those, particularly at universities, who wanted to photocopy
> journal articles or excerpts from books to hand out in class  for the
> convenience of their students, rather than requiring them to read the
> material in the library's reserve room. On the other hand, since the IBS
> no longer exists, only its designated successor (in the nature of an
> heir) would probably have the right to stop this reproduction legally.
> The actual statement of copyright in each issue would be "Copyright
> [year of publication] International Bulb Society." It is unclear whether
> this covers all the content in any form, or only the compilation (the
> physical format of the publication); when I edited a similar journal,
> authors received a contract specifying that the publisher, a plant
> society, copyrighted the compilation, but the authors retained
> copyright-level control of their text and illustrations, so they could
> publish these elsewhere without our permission. I don't know whether IBS
> had a similar practice. I'm an editor, not a lawyer, so I don't know
> whether what PBS has done is an infringement of a copyright on the
> compilation (assuming that's what IBS filed). Likely the contributors
> can still claim copyright on their work, but not in the format in which
> IBS published it. I don't know if there is law covering documents when a
> copyright was claimed (but possibly not officially filed) by an entity
> that has become extinct without successors.
>
> I once received a letter from a lawyer alleging that a book I had
> compiled on behalf of an old Alaska Native couple constituted an
> infringement of the "aboriginal patent on the birchbark basket." My then
> boyfriend, a lawyer himself, fell on the floor laughing.
>
> Eventually you see it all, and I still hope to see Fritillaria davidii.
>
> Jane McGary, Portland, Oregon, USA
>
>
> On 3/16/2024 7:13 PM, Robert Lauf via pbs wrote:
> >    As James points out the content may be freely reproduced for our
> purposes.  So that clears it up and perhaps the members should have been
> informed of that at the beginning and a lot of this back-and-forth could've
> been avoided.  We clearly have advance permission to do what we're doing.
> > BTW, my use of the term "obscure" pertains to the negligible commercial
> value of the copyright, given the niche market of potential readers, not to
> the readability of the content itself.  Conflicts only get serious when
> there is money to be made by someone.  Lawyers don't work for free.
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