BACKTALK

UNITED WE STAND, DIVIDED WE LOSE
The Certified Pest Control Operators Association of Florida (CPCO) was born in 1994 even though our state already boasted the largest and oldest state pest control association in the nation at the time — the Florida Pest Control Association (FPCA). CPCO was founded due to differences of opinions, strategies and philosophies. I am sure there are a million other reasons for its birth, depending on which side of the aisle you find yourself. That’s history now and is not important. What is important is that the two groups now have a relationship, even if the relationship is a tenuous one.

I believe the board of directors and members of both organizations have mutual respect for one another. CPCO’s leaders are the same people who helped make FPCA (now the Florida Pest Management Association) the nation’s largest state pest control association prior to 1994. Many of those people are the same who have taken that distinction away from FPMA. A by-product of two or more associations in Florida equates to more pest management professionals in association life and that’s positive.

Two years ago, Florida’s four pest control associations — CPCO, the Certified Operators of Southwest Florida (COSWFL), the Florida Turfgrass Association (FTGA) and FPMA formed an alliance for the betterment of our industry. We spoke in one voice for the first time and both our regulators and legislators heard us. It was the only time our industry had a say-so in legislation without it being impacted by an outside influence. Presently, that relationship is being tested — but not by CPCO, COSWFL, FTGA or FPMA. It is being tested by an external power that should not be mixing in the politics of Florida’s pest control associations’ fragile relationship.

The National Pest Management Association (NPMA) is that outside influence. It has formed an alliance (join state membership) with the Florida Pest Management Association and we wish them both the very best.

The only problem CPCO has is that NPMA has decided not to recognize renewals of its own members in Florida who are not members of FPMA. They have also told CPCO/NPMA members that they must join FPMA. They have also told CPCO/NPMA members that they must join FPMA to renew their membership with the national organization even though those members do not wish to join FPMA. They claim they represent our industry nationally but refuse to accept a membership application unless the pest management professional joins FPMA. They have chosen to ignore more than three-quarters of our state’s pest control companies but still claim to be the voice of our industry. How can they be the voice of our industry if they discriminate against members of CPCO, COSWFL, FTGA and pest management professionals who do not choose to affiliate with any state association?

CPCO believes in our industry and understands the issues we face in Florida. We also believe that the National Pest Management Association should be setting its agenda on national issues and not interfering in the delicate alliance of Florida’s pest control industry. If NPMA or FPMA believes they can accomplish their goals without the participation and cooperation of CPCO, they will be traveling a difficult road because CPCO prides itself on the strong relationship we have with our regulators and legislators. Not working together accomplishes nothing. We all lose, and that means all of us. United we stand — divided we lose!

Mel Edelstein
Executive Vice President
CPCO of Florida
Tamarac, Fla.

NPMA’S RESPONSE
The National Pest Management Association (NPMA) is a proud partner with 43 individual state organizations across North America representing more than 6,000 member companies. We are pleased that the Florida Pest Management Association (FPMA) has provided the leadership in the state of Florida to join with NPMA in forging a relationship that will help unify the industry by speaking with a single voice and drawing on the combined resources to better serve the pest management industry. “United We Stand” is the unifying theme of the NPMA partnership program and without question there is no higher priority to the association than the goal and objective of speaking with a single voice both at the state and national levels.

NPMA continually strives to unify the industry and openly welcomes every individual company to join and affiliate with the association in our common crusade to protect and grow the pest management industry. NPMA has and will continue to serve and represent the entire industry — members and non-members alike. Issues such as regulatory and governmental challenges, consumer outreach, supporting state legislative efforts, code enforcement and enactment, etc., is a role that NPMA takes seriously and one that benefits the entire industry regardless of membership affiliation. Additionally, NPMA enjoys a strong relationship with the various state associations that represent the industry, including those who choose not to directly affiliate with the growing NPMA partnership program — a relationship that we value and will continue to strive to improve on in the future.

“United We Stand” is more than just a saying with NPMA. It is a responsibility.

Rob Lederer
Executive Vice President
NPMA
Dunn Loring, Va.

DO YOU HAVE PERMISSION TO USE WEB PHOTOS?
With the coming of the Web and other software, and the ease in which users can download or copy information, copyright laws have become an “gray area” in many people’s minds. The issue is so complicated that University of Florida (UF) lawyers now give seminars to extension faculty on copyright laws and how they affect their work.

Just because an image is on the Web or on a CD or other software product doesn’t mean that it is free for your use. Although many sites do allow images to be downloaded and used, there are usually restrictions — such as providing proper credit to the photographer and institution or government agency and often a link to the original site. However, most sites require that a fee first be paid, the size of that fee often dependent on the use of the image. Just finding and downloading an image and then giving credit is not enough, you must first obtain permission. And you had better ensure that the person giving the permission is entitled to do so.

Unless there is a statement saying that the images can be downloaded or copied for other use, users must assume that all the images viewed on a Web site or in other software are copyrighted. Since the passage of the 1988 U.S. copyright law, a copyright statement does not have to be included on any image or information. As a good example, even this letter is copyrighted automatically by me under the law, but I’m obviously giving PCT permission to print it.

As the Webmaster of a dozen major entomology-related Web sites for the Department of Entomology and Nematology at the University of Florida, I receive numerous requests for image use. While information presented on the Web can be printed off “as is” (i.e., usually in a form of a “extension publication” from a university, company or federal agency), the information cannot be cut and pasted into other media forms without permission. (For example, I once spent an hour explaining to the vice president of education for a large distributor why his company could not freely use images from one of our for﷓sale CDs for their Web site.)

In our department we have a policy for granting or not granting permission based upon how the intellectual property (i.e., images) will be used. And we are not alone — many other institutions also have these, and often more stringent, policies. UF once sent a “cease and desist” letter to a member of the pest control industry in Florida concerning illegal image use. If that person hadn’t stopped the illegal image use, UF was ready to take legal action.

While you can usually assume that images or information on federal government sites are in the public domain, this is not always the case. For example, while recently communicating with the director of the U.S. Geological Survey (USGS) North Prairie Research Center about their wonderful North American Butterflies Web site, I was told that many of the images used there are still copyrighted by numerous photographers who have only granted use to the USGS for display on their site and not for the use of others. Another exception is university Web sites developed with federal grants. Although federal money is involved, the site is the property of the university and is copyrighted. Remember, find the statement that says you can use images and follow all the restrictions listed. If there isn’t such a statement, and you want to use the image, contact the Webmaster for terms and/or cost of image use.

I am careful about any images that are displayed on our sites, and I have to constantly explain to our students how they cannot use images from textbooks, Web sites or other publications without permission. Many large corporations have lawyers who do nothing but search for the illegal use of their images and collect fines. Want to have some fun? Use a Disney image in one of your publications without first paying a licensing fee.

Perhaps this is yet another way we can identify the professionals in the pest management industry — professionals do not take other people’s work without first providing compensation. And often the fee for an image’s use is not large. Paying $50 now is better then many times that after the law suit.

The Florida Biological Control and IPM site at http://biocontrol.ifas.ufl.edu/ (look under Educational and Extension Materials) lists several USDA and university sites that allow non-commercial use of images as long as credit is provided to the photographer and the site. The Webmasters can be contacted for their terms regarding commercial use. Don’t abuse these sites or assume that since you are only one person or company, no one would mind if you just took the image for your use. If image restrictions are abused by a growing number of people, then these and other such sites might just shut down, depriving everyone of valuable resources.

Thomas R. Fasulo
Extension Entomologist
University of Florida
Gainesville, Fla.

Readers may write to PCT Letters, 4012 Bridge Ave., Cleveland OH 44113. Letters also can be faxed to 216/961-0364, or e-mailed to jdorsch@pctonline.com. Letters may be edited for space or clarity.

March 2002
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