Re: AIS Copyrighted Material

[Veronica <vjohnson@howardandjohnsonlaw.com>]

All,

I have been following the email thread and have a few thoughts.  First and foremost, I wish I was in my office where I could easily pull the file Bob Plank kept with regard to copyright issues.  Any policy AIS has is likely in that folder.  Unfortunately (at least with regard to this matter), I am on vacation in Florida and cannot access that file until Tuesday.  Second, the letter we sent to Long field Gardens was absolutely necessary.  We must protect our copyright or it becomes meaningless.  The letter asked Long field to stop using AIS materials and to seek our permission for any future use.  Simple and straightforward.  Finally, I continue to be educated on many matters relating to the AIS and this is one of them.  I always like to know how an issue has been approached in the past, what the official policy is, and what the law is before making a recommendation.  If there is a policy, it is likely to answer our questions and we can address this further after my return.

Veronica

Sent from my Verizon Wireless 4G LTE DROID

Judy Keisling <keisling@swbell.net> wrote:

>Have been reading this thread for the past few days.
>
>I agree with Tom Gormley
>- we could nitpick this to death and even perhaps come 
>up with "guidelines"
>that would be detrimental to the AIS education programs.
>
>Case in point - the
>copyright in the front of the JT Handbook and Basic Iris 
>Culture reads (BIC
>has copyright date of 2011):
>Copyright  2007 by The American AIS Society. All
>rights reserved. No part of 
>this book may be reproduced without permission,
>in writing, by The American Iris 
>Society except by a reviewer who wishes to
>quote brief passages in connection 
>with a review for inclusion in a magazine
>or newspaper.
> 
>Taken this literally, this would mean that no AIS
>Judge/Instructor could copy 
>any of the pages to use in a training session;
>likewise could not be copied 
>verbatim into a PPT program in JT classes. I
>have attended several training 
>sessions where a page (or pages) have been
>copied to give to students and/or 
>used in a PPT program.  I don't think this
>is uncommon.  I doubt that any of 
>these instructors asked permission from
>anyone in AIS - 
>
> 
>I know nothing about copyright law - but the Doctrine of
>Fair Use as described 
>by Bob Pries should cover my concerns since it seems to
>specifically cover 
>educational purposes.
> 
>I would be more concerned about
>individuals and/or entities outside of AIS and 
>its affiliates and members
>using our materials without requesting permission, 
>although it's unclear from
>whmo they would seek permission.
> 
>Judy
> 
>
>
>
>________________________________
>From: "MORRISJE1@aol.com" <MORRISJE1@aol.com>
>To: aisdiscuss@aisboard.org
>Cc:
>vjohnson@howardandjohnsonlaw.com
>Sent: Thu, May 30, 2013 11:54:35 AM
>Subject:
>[AISdiscuss] AIS Copyrighted Material
>
>All,
>
>The American Iris Society has
>much information and data that is
>copyrighted.  We have recently sent a "cease
>and desist" letter from our
>Legal
>Counsel to Longfield Gardens, LLC, Lakewood,
>NJ for unauthorized use of  AIS
>copyrighted material with iris sales packages
>at a COSTCO in  California.
>
>In addition, various members of AIS have received
>requests to use and
>reproduce AIS copyrighted materials.  My questions to the
>Board are:  Who
>should be designated to give approval to use our materials? 
>Should we  have
>an
>internal approval process or not?  I don't believe just
>"anyone" or  everyone
>should have such authority.  Should the approval point
>be the  President
>and Legal Counsel or the Public Relations Chairman?  Most
>of  you know that I
>already have plenty on my plate.  As an example I just 
>received a request
>from Missouri Botanical Garden where Jean and  I volunteer
>as follows:
>
>Jim,
>I plan on  uploading the iris images I have taken into the
>gardenbs (MOBOT)
>database which will be accessible to the  public.  Each taxon
>has a field
>to describe the plant.  I want to  propose to plant records that
>we put the
>iris registry information in that  field.  First I would need
>permission to
>use the AIS copyrighted  information from someone within the
>organization.
>Who should I  contact?
>Gary
>Your opinions and quick feedback 
>would be appreciated.
>
>Jim Morris
>President
>American Iris  Society
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