pbs Digest, Vol 85, Issue 8

Jane McGary via pbs pbs@lists.pacificbulbsociety.net
Sun, 17 Mar 2024 11:12:16 PDT
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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