Has anyone seen it? http://www.americanbrugmansia-daturasociety.org/ It's really good!
Bruno
New ABADS website!
It is a nice looking site.
I do see though that where I live, British Columbia, is considered a separate country from Canada. LOL
Gee, i wonder if Eric gave them permission to post his plants on their forum? tig?
THEY POSTED MY PINK FLOYD AND I AM THE ONLY ONE WHO HAS EVERY HAD THIS BLOOM AND TOOK A PIC!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1
WHERE IS MY LAWYER?
If you go to the link at the bottom of the page you can go to Calla's SCFI store here on Dave's Garden :-)
d
i thought you had to have permission to link. they have linked to daves in other places also.
i assume they were smart enough to talk to a lawyer, but.....
Well, they put their disclaimer on page 1. Don't know if that means that they can post anything they like?
everything on BGI is copyrighted, the pages and all.
This message was edited Wednesday, Jan 8th 3:47 PM
this doesn't surprise me at all.
This message was edited Wednesday, Jan 8th 3:47 PM
This message was edited Wednesday, Jan 8th 3:47 PM
she even took the info of what crosses people made and put it there. If it's not illegal, it's highly unethical. It's stealing other people's work.
They haven't posted the pictures... they've only provided the web address of where the pictures can be found. If they copy your photos and use them on their website (without your permission) ... then they're infringing on your copyrights. They've only provided the address to the brug database where the pictures can be found. They aren't even live links.
I don't see where they've done anything wrong.
How did they get into BGI?
Poppy, they didn't know the cross of any of Eric's hybrids. they took that info straight out of the DG database or off of BGI. is that right? Everything here and there is copyrighted, our disclaimer, just like theirs.
For starters, has anyone here given their permission for the photos to be used? (I'm assuming those of you who are upset have not given permission, so I want to hear from anyone who HAS given their permission.)
Then Dave and I will work with ABADS; in general, copyrighted photos can't be used without prior permission.
NO. now, they didn't use my pictures, they linked to them. but they used info that I posted in the database (info that is only there and on BGI) as to the crosses.
This message was edited Wednesday, Jan 8th 3:59 PM
BGI is viewable to EVERYONE ... just like the Plant Database. By posting pictures in the brug database.... I'd assume that you'd want the hybrid to be recognised... as a named hybrid??? Right? They didn't steal the pictures from the BDB.
That's how I see it. Let's see what dave has to say. Really... I think it's common courtesy to link to a page where you can find further information. If it was illegal we'd all be in trouble.
GEEZ - I'm famous!! They even have my Aurora in there, and my Monika mutation.And I only got as far as the A's.
Poppy, it's the INFO that they stole that's my biggest problem. and if they really wanted to share info, they would have asked, and would have made live links.
From what I've seen the links aren't live... and they aren't linking to anyones pictures. Just the www.BDB.com. Anyone seeking the pictures and info out would have to search the BDB site... and the BGI site.
Tig - I don't see any info on crosses. What one are you talking about?
Tequila Sunrise, Amber Rose, all of Erics. I posted that info in the database and it's in the forums here, and on BGI. only
Just a short note....The same thing happened resently to Reinhard Kraft's Tomato Website. Encroaching on his rights as sole owner of his Prints and Properties on his Website. I have posted a brief description of the Post on another Site explaining a similar situation and the results.
This following Post was Originally Posted by Carolyn Male for Adriana, from another Website. I will start the Posting now:
I am Posting this with the proviso that credit was given to Washington State University, for this article is from them, for their faculty, and is not the actual verbiage from Federal copyright law, but I think it's a heck of a lot easier to read.
So here are some relevant snippets for those interested:
Users should be aware that copyright law applies to materials found on
the Internet to the same extent that it applies to materials located
in more traditional forms. Materials found on the Internet may or may
not be copyrighted. Furthermore, works may have been placed on a site
without the copyright holder's knowledge or permission. In this
situation, permission by the site creator to copy, distribute, alter,
display, or perform the work would be invalid since he or she is not
the copyright holder. Placement of a work on a site with the
permission of the copyright holder does not necessarily mean that the
copyright holder has given viewers of the site permission to use the
work.
and Reinhard's site is copyrighted.
and this is the portion that states that photographs and graphics materials are treated the same as textual materials:
Users should be aware of copyright law when placing the copyrighted
material of another on a Web site. Copyright law applies not only to
textual materials but also to photographs, graphics, cartoons, music,
and movie clips to name a few. Owning a copy of a copyrighted work
does not make you the copyright holder. For example, owning a
photograph does not necessarily give you the right to place it on your
Web site without permission. Similarly, owning a music CD does not
give you the right to put a particular song from the CD on your web
site without permission.
There is also a concept called Fair use, which comes into play when access to a webiste is restricted, but in this case I see no restrictions on access to this site(In reference to Reinard's Site).
here's just a wee blurb about that, not the whole thing:
Limiting access to your Web site may serve to
enhance a claim of Fair Use. However, clear guidelines have not been
developed in this area and extreme caution is advised when
contemplating using copyrighted materials on your Web site without
permission.
So I think taken all together it certainly appears that copyrighted material, such as Reinhard's Photo Gallery, was used without permission, is copyrighted, and thus appears to violate Federal US copyright Laws.
Carolyn
I have shotened this a little but have given the basics.
So if your Photo's and Prints are not Copyrighted or your Website is not copyrighted....There is No Violation.
But...Credit should be given where Credit is due.
I also want to say that anyone putting together a Site or Publishing a Picture should always 'Tag' their Photo's. Just as it is done here at DG. This can be done in many different ways.
Also....Using a Photo for Private or .Edu reasons ARE NOT violations of copyright laws.
But it would be nice to get Credit where Credit is due!
ZZ.
I forgot to add that, due to the E-Mails sent to the Site Webmaster using Mr. Krafts images asking for them to be removed...The Webmaster did so immediately.
Therefore...get your 'Tags' on all Photo's before Posting!
And...You could ask the Site Webmaster for a 'Tag' or written recognition for your efforts. But seeing this site as an .Edu site...There is no infrigements as far as I have seen. But, I am still looking over the site.
This message was edited Wednesday, Jan 8th 3:49 PM
I give. I deleted some above, it wasn't worth reading anyway. Brugs have cost me dear friends and given me a heart attack. I don't need more stress.
I know how ya all feel about VH ... but I think we're over reacting a little. If it's the name of your hybrids being posted on ABADS that's upsetting you - than I think your going to need to ask VH to remove them.
It looks to me like she's gathered all the known & named brugs to list. And she's used all the info she could find on the web to do so. If you don't want your brugs to be listed on there ... ask her to take them off. IMHO ... By naming a brug to begin with you feel it's worthy of being recognized amoung the brug loving community. She's recognizing them ... but not much more than that.
As I review this page (I think I'm looking at it correctly), do the photos correlate to the captions/tags below? Starting in the top left corner, the white blossom would be D. discolor (Desert Thornapple), and a URL (but not a link) to the PDB (but not a link to the entry.)
Continuing left to right, the second photo, with purple markings is D. stramonium var. laevis, again with the URL to the PDB.
For those of you whose photos are involved, is my understanding of the page layout correct? (The reason I'm still uncertain is because there appears to be more captions/tags than there are photos.)
ZZ, thank you for the rundown on copyrights - as far as I know what you've presented is accurate. Sites such as ABADS and the PDB are not considered private or educational in nature and can't use that as a valid excuse for posting copyrighted material (text or photos) without express prior permission.
exactly. or lack of them. I can assume now that my plant name MUST be protected, and I'm saving the web page to disc in case i ever need it.
GV, here is the link to the gallery, http://www.americanbrugmansia-daturasociety.org/brugmansia%20a%20gallery.htm and if you look at Amber Rose and others of Eric's, the cross info was taken directly from the database or BGI. is what we post here free for anyone to take and use if they want?
Would their having their URL changed to a .org have anything to do with it?
Vols - here's one of the brug pages http://www.americanbrugmansia-daturasociety.org/brugmansia_t_gallery.htm The second row - "Taylor Dawn" is tiG's plant that Eric hybridzed.
no, TD is seed that came to me from a friend, no hybridizer known.
I guess that copyrights laws are different to different Countries.
These mostly apply to the US:
Regarding a website (for example BGI) the entire site (written material, photo material, information etc.) is - regardless if it is mentioned or not on that website - copyrighted.
Even tho BGI is a public website that can be viewed by anyone this is not the same as the contents are public domain.
Of course there is a loophole called fair use. This still require permission from the copyrights holder. In the actual example ABADS could argue, that they entered info from BGI or BDB for educational purposes. However, they never bothered to ask, if it was okay to use it.
Recently there has been not so few issues concerning use of IP-Addresses and DNS-addresses (Url-addresses =http://www. something.xxx) BGI (or tiG if tiG is the subscriber to the webhotel) has the rights to decide, exactly how we can fetch the BGI webaddress from the server where it is hosted (both index.htm page and additional pages including all materials on that webiste). In practice this imply that the url address showing in your personal browser, when one of these pages are opened are still submitted to BGI (or tiG`s) rules for proper use. This does not only implicate copying and pasting the link from the browsers address-bar, but also copying it by writing. This is also true whether the link is an active link (hyperlink) or a written link (digital letters not pointing at any url-address) on the ABADS website. The short and the long is that it is an infringement on BGI copyrights to post links on another website, if linking is expressedly against the wishes of the copyright owner. It is not even necessary to write this on the website. It is just the way it is and the only thing it takes to make the links, info, image linking etc. disappear from the ABADS website is to ask them to remove them.
Just for info, BGI is registered in the organizations name. I am only the contact as I'm the webmaster. I don't own it. It's paid for by the secretary through our dues. If that matters to anyone.
I gave my premission months ago when I spoke to Vicki on the phone but all I have are the most common ones that were big and blooming.
WOH,
wich mole at Daves gave the informations about Monikas breedings to abads?????????
MY Impossible Dream is only at Monikas and here.
My Avalon is at abads, only 4 people have this plant all over the world.
I dont like to see my name at abads sides, how can I permitt them?
They are using so much wrong brugnames, it is no help but much confusing for beginners.
GL