Re: Motion regarding image submission for Iris registrations

[bobplankmail@aol.com]

I don't see any hope for this initiative unless whatever images we get come
with the explicit?understanding that the images become public domain, whether
anyone wants?that or not; that the source of the image?to the AIS represents
that it owns or controls the copyright; and will defend and hold harmless the
AIS against all suits for infringement, US and international.? Without such
assurances,?an AIS recipient?should return?the image forthwith. Otherwise we
buy into an administrative nightmare, not worth the price, to keep track of
whatever different strings the various?copyright holders might impose or
assume.?(Good luck in trying retroactively to?enforce or defend a
qualified-use acceptance.) Moreover, the registrars and WiKis?do not want
works of art or?photos suitable for blow up?on?Irises covers; they simply?want
sharply focused,?unretouched photos taken in natural light at about 300 dpi.?
Higher resolution for all imaginable other uses, over time, would
unnecessarily create digital storage problems.
?
If we were to just start out trying to muddle through?without rules in place
and start accepting and using images for limited, non-exclusive?use on a trial
basis, such as?archiving, WiKi, and?reproduction?in AIS publications?for
educational and scientific research purposes (fair use),?there?could still
be?further pushback from copyright holders?should we later try to impose the
above-suggested complete release, or other?specific requirements, such as
signed releases.?
?
I'm open to other ideas, but would want to research deeply for legal
correctness and practicality in today's world. Bob Pries is?searching around
at my request?to see how the copyright issues?are being handled (or not being
handled) by AIS sections, co-ops, and?other plant societies.?Bob tells me that
in his experience, those that want to assign to the AIS only limited uses are
mainly?concerned that competitors might use the?photo in their own competing
catalogs.?That seems to me?to be a rather?mean reason to impose such an
administrative?and legal burden on the AIS.? We?just want
authoratative?documentation from?reliable sources?of what particular
introduced,?registered, named?cultivars really look like -- up close --?under
natural?lighting and growing conditions.
?
Bob Plank?




-----Original Message-----
From: cemahan@aol.com
To: aisdiscuss@aisboard.org
Sent: Thu, Mar 17, 2011 12:35 pm
Subject: Re: [AISdiscuss] Motion regarding image submission for Iris
registrations




If AIS asks for voluntary submissions with no policies and then allows the
picture to be used for any purpose the hybridizer does not approve, it seems
to me there is potential legal liability.  How much is AIS prepared to pay to
settle the case? Is this probable, no. But then there previously was no
probabilty that the Japanese nuclear plants would explode. Clarence.





-----Original Message-----
From: Robert Pries <robertpries@embarqmail.com>
To: aisdiscuss <aisdiscuss@aisboard.org>
Sent: Thu, Mar 17, 2011 8:41 am
Subject: Re: [AISdiscuss] Motion regarding image submission for Iris
registrations


Clarence; These are good questions you raise for the committee mentioned in
the
otion to embrace. But they do not seem as important for the voluntary
ubmission suggested in the motion. When we get to a position of some
experience
ith accepting photos, we will have a better idea of the protocol needed for
EQUIRING photos.
The committee should be informed by the general procedures and the copyright
olicies already in place with the Iris Encyclopedia, The slide programs, and
he bulletin. These have all been vetted at one time or the other with Bob. But
ob has always provided the disclaimer that he is not a copyright lawyer.
opyright in the digital age has become very blurred and frankly, whether it is
rint or digital, todays technology allows for all types of abuses. But that is
ore a reflection of our greater society as opposed to the Iris Society.
Since the motion suggests a rather informal approach to begin with, I think
the
verseas registrars would be willing to see how it goes, and be a part of the
evelopment of procedures as we move toward more rigorous requirementss.
Garybs motion is exactly what I have been trying to suggest. It starts us
aining experience and actually getting something accomplished while it allows
or the evolution of something more substantial. It seems to me much better to
egin the process so people can slowly adjust to it, and have input, rather
than
ttempt a perfected mandate from the board that would surely aggravate many if
hey were suddenly forced to comply.
----- Original Message -----
rom: cemahan@aol.com
o: aisdiscuss@aisboard.org
ent: Thursday, March 17, 2011 12:48:25 AM
ubject: Re: [AISdiscuss] Motion regarding image submission for Iris
egistrations
It is very important that Bob Plank advise on the legal implications of this
otion. What if the photo gets used in a way the hybridizer disapproves? How
o the registrar reps of foreign iris societies handle this? Etc, etc.
larence Mahan


-----Original Message-----
rom: Michelle Snyder <AISSecretary@irises.org>
o: aisdiscuss <aisdiscuss@aisboard.org>
ent: Wed, Mar 16, 2011 6:34 pm
ubject: [AISdiscuss] Motion regarding image submission for Iris
egistrations

ary White moved and Jerry Coates seconded the below motion.  As such,
 is now open for official discussion.
A)    The AIS Registrar shall begin requesting volunteer image submission
ith
w registrations.  Images shall be accepted by the Registrar, archived in the
S Library, and displayed on the Iris Encyclopedia.
    The AIS President shall appoint a registration committee to facilitate
plementation of registration image collection, archiving, and disposition.
is committee shall propose suggested guidelines for registration images by
ly 4th, 2011."
ichelle
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