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'Propagation illegal without a licence'?

Discussion in 'General Gardening Discussion' started by daisybelle, Jul 6, 2008.

  1. Fran

    Fran Gardener

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    <'Propagation illegal without a licence'> I read as propagation for sale/ profit. I have no problem with propogating for personal use (except for protected wild flowers) or to give a snip to a friend.

    But to make money out of someone else's hard work - no. No different from designer theft etc. Boring ain't I !
     
  2. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    I agree with Fran but there are a lot of grey areas with this - and the PRS. It is whether you interpret the letter of the law or the intent.

    It is wrong to sell the results of propagation for commercial purposes but you are allowed to use it for yourself and gifts to friends. A grey area, for instance, is where we may sell them when we have our garden open for a registered charity.

    The PRS is another matter :eek:. Apparently they have the law on their side but have to take you to civil court. I used to pay for my PRS licence when I ran my own business and was quite happy to do so.

    More recently they have got themselves a lot of bad publicity for taking the interpretation too far. They have been informing one person businesses that they have to pay for the licence even if they work from home or in a small workshop - or even have their radio on in their van!!!! :eek: :mad:

    I listened to an interview with someone from the PRS when they were asked a lot of questions about it. One person said that they are a plumber that drives from one customer to another and has the radio on in his van when he is travelling. He only listens to talk radio so he is not listening to any music programmes. The person from the PRS said that he still must pay because talk radio plays jingles for their programmes. This taking it too far!!!
     
  3. Ivory

    Ivory Gardener

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    Being married to a "part time" musician who also sells cds I am very much unamused by theft of "hard work" be it music, or flowers. I never download music from the net for example. But I have no scruples duplicating a cd if I want a copy upstair and a copy in my workshop. I apply the same principles to plants, and I think it is reasonable.
     
  4. Kristen

    Kristen Under gardener

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    "Look at Bill Gates and Microsoft, the Chinese government told him to get stuffed, they were not paying for any licences, and what did he do, he told them they did not need to pay, lucky them!"

    There isn't much he can do if a whole country won't respect Patents, Trade marks and Copyright. Better to do a deal with them of some sort, in the long run, however uncomfortable that is. At the same time Western governments should work to get these guys to mutually respect Intellectual Property laws; I expect they will once they have lots of their own innovations and want their inventions protected world wide!

    I have no idea what the law is regarding personal propagation of something that has a restricted license, but assuming that restrictions DO apply:

    "or to give a snip to a friend"

    do the folk in this camp also copy CDs if a friend wants a copy, photocopy copyright material for their friend and so on?

    P.S. Google did a similar thing in China - agreed to state censorship. That wasn't popular, but I do agree with "better to be there chipping away, rather than that the Chinese have no use of the service"
     
  5. whis4ey

    whis4ey Head Gardener

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    This topis is covered by
    COUNCIL REGULATION (EC) No 2100/94
    of 27 July 1994
    on Community plant variety rights

    It seems as though Article 15 of the appropriate legislation does not forbid propogation for personal purposes

    Quote:
    Limitation of the effects of Community plant variety rights
    (a) acts done privately and for non-commercial purposes;
    (b) acts done for experimental purposes;
    You can read the total legislation at
    http://www.cpvo.fr/default.php?res=1...egislation.htm
     
  6. Ivory

    Ivory Gardener

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    "acts done privately and for non-commercial purposes"

    Sounds like you can share with friends as long as you don´t ask money. I wonder if dinners, beers, or other cuttings are considered a non commercial for of payment? :)
     
  7. lollipop

    lollipop Gardener

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    My daughters school have recently sent a letter out for their school fayre asking parents if they have any cuttings and such they can sell on their stall.-

    If I donate the cuttings and then they sell it to other parents and yet use the money to benefit the school then how does that work?
     
  8. Kristen

    Kristen Under gardener

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    "If I donate the cuttings and then they sell it to other parents and yet use the money to benefit the school then how does that work?"

    Normally with a licence you are required to make any new licencee aware of the licence, and they then become bound by it ... so short answer "no".

    ... mind you, a simple letter to the company saying "Can I do this good deed, not for profit, action" and I am sure they would say yes. Ask them for a donation in support of your school whilst you are at it ... you never know! just make sure you get the credit ... I can see the engragved granite portico now ... "The Lillpop73 Science Block" :D
     
  9. tweaky

    tweaky Gardener

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    If they are cuttings from your plants, then theire isn't a problem. Just do it and get on with life and enjoy it....sod these silly rules.

    No one is going to take you to court for donating cuttings to a school stall...they would be laughed out of court if it ever got that far.:thumb:

    Legally..you would be in the clear anyway, as you are giving them away free....if there is any comeback then that would be the school for selling them.
     
  10. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Goodonya tweaky! :thumb: :)

    I'm sure the school would qualify under "acts done privately and for non-commercial purposes" and so would charitable sales.

    The law is there, quite rightly, to protect the commercial organisation from other commercial organisations.

    No plant breeder would want to try and stop schools or charities from benefitting from this sort of thing.

    How many of you know whether the plants in your gardens are varieties that come under the law? :confused: We don't keep our labels and most of the few that we do put with the plants are removed by the birds :D. The breeders aren't interested in what we do and are pleased that we buy their plants. :)

    On a purely personal note. I would not deliberately try to make money out of this type of thing and I am against the copying of music except for my own personal use. Having said that, I have copied some music for friends when I have found that the CD/record is no longer available.

    With regard to Microsoft, I had a battle with them over intellectual copyright and won :D.

    Here's something to get you wound up about: :D :D :D :D

    "Privacy advocates and YouTube users were outraged by an order from a U.S. District Judge forcing the video-sharing Web siteâ??s owner, Google Inc., to hand over its database of viewers. The decision means the viewing habits of everyone who has ever used YouTube will be exposed to Viacom Inc., which has a US$1-billion copyright lawsuit against the Internet search giant."
     
  11. anakat

    anakat Gardener

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  12. tweaky

    tweaky Gardener

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    Hi Shiney.

    That thing about Utube and Google, I suppose the decision is being appealed??

    Copying CD's, DVD's, LP's (yes vinyl one's) Tapes, Video Tapes, Radio Progs, printed sheet music etc. Yea have always done that for mates and friends and family. Should they then wish to sell them on, that's their business and nothing to do with me.

    But the 'not for profit' warning is a bit superfluous when indulging in this practice as the copying has the same effect even when you are not doing it for profit. The upshot being, that your copies are possibly denying the owners of said media further profit.!!!

    These companies etc, really need to sue everyone on the planet to stop it happening, heh,heh.
     
  13. lollipop

    lollipop Gardener

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    I have already given them the cuttings-and don`t much care what the comeback on myself is, the school know the situation apparently and don`t seem to give a tinkers damn about it either. I raise the point to illustrate how ridiculous it will no doubt become.

    As far as the youtube thing goes-anybody who knows about watching films, downloading music etc on t`internet already get these from two well known korean sites and another one from china anyway and both of those governements have told the big companies what they can do with their demands. People who watch things on youtube are just walking uphill backwards.

    Unfortunately for ViaCom and I think now ABC are starting up (over people watching Lost and Heroes etc), those in the know are actually intelligent and just too plain quick on the uptake for them, it`s the plain old individual customer who watch shows on the American and European "links" sites and such who will end up getting some sort of arbitrary fine sent through the letterbox.

    The thing with playing music in shops and stuff is pretty legitimate insofar as customers will relax and take more time and browse thereby buying more items-so to benefit financially from someone elses work there is clearly theft. But it is getting stupid when they pursue taxi drivers for having the radio on whilst driving customers home or (as I read in our local paper very recently) a nursery were fined for playing music during the childrens playtime!!!!

    Go get those bad guys!



    Most people, if they can get something free, will. The massive overpricing of these things doesn`t help-and the internet isn`t all that bad. Plenty of artists who otherwise would go unnoticed can now distribute there stuff. Was it Katie Melua who was discovered after posting herself singing?
     
  14. whis4ey

    whis4ey Head Gardener

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    Lollipop is not the licence holder nor does she need to be
    The whole purpose of the legislation is to stop the unlawful commercialisation of someone else's hard graft
    That is something that I am in favour of, whether it be plants or recordings
     
  15. lollipop

    lollipop Gardener

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    Hi again-a quick amendment the nursery weren`t actually fined just threatened with it.--Like that makes a difference
     
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