Fwd: Re: Is Herbertia online?

oooOIOooo via pbs pbs@lists.pacificbulbsociety.net
Sun, 10 May 2020 09:52:31 PDT
Is the IBS a non-profit organization? Does it still exist as a corporation? If it still exists it still holds its property. When non-profits close their assets either pass to another non-profit, they are sold to satisfy corporate debt or they pass to the State in which the corporation is domiciled.

I think the IBS may still exist, in which case it would be copyright violation to use its intellectual property without consent. It is legal for individuals to make a single copy of work they hold as a backup.

There is also the issue of author copyright. Unless the agreement between author and IBS permitted the IBS to reproduce the author's work as it sees fit, author permission would also be needed to scan and make available the journals.

The permission granted by the sentence in the masthead might be adequate for an organization that doesn't make money thereby to scan and post the work. That is a question for a copyright attorney. The Cactus and Succulent Society of America relied on a broader statement, that has been on its journal's masthead since its founding, to permit publication without gathering permission from its authors, when deciding to scan and sell digital copies of its back issues.

Herb Kelley told me years ago he was in the process of scanning Herbertia to put it online.

Leo Martin
Phoenix Arizona USA
Zone 9?
A little rain today in a normally rainless month

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