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Following article posted September 24, 1999 Vol. III No. 18


By: Myra Vanderpool Gormley, CG, rwr-editors@rootsweb.com

Welding Links: Dark Side Of The Internet

    EDITOR'S NOTE: This article originally appeared in MISSING LINKS: RootsWeb's Genealogy Journal, Vol. 4, No. 39, 22 September 1999 (c) 1996-99 Julia M. Case and Myra Vanderpool Gormley. It is re-printed here with the kind permission of the author/s.

    It is written from perspective of a person/s living in the USA and references are to the copyright laws governing that country. Qualified persons on the subject of copyright from countries around the world are encouraged to contribute to future issues of The Global Gazette.

    The opinions expressed here are those of the writers, Julia M. Case and Myra Vanderpool Gormley.
Disguised as the nicest people on earth, many genealogists are nevertheless thieves, plagiarists, and copyright infringers. Some are high-tech robbers using computers, mice, and Internet Service Providers to steal intellectual property. Some try to hide their crimes under mantles of excuses such as:

    Point I thought everything on the Internet was FREE

    Point I'm just looking up information for FREE. I don't charge people anything

    Point You can't copyright facts and that's what genealogy is

    Point Genealogy was meant to be shared

    Point This is information about my family and I'm entitled to it

    Point Reproduction of copyrighted materials was intended to keep people from distributing information for profit

    Point Authors are too greedy and should be grateful they are getting free advertising on the Web

No matter how easy it is to copy from the Web, a book, or a CD, taking another's work is wrong. Access to a great deal of genealogical material may be free, but that does not give you a right to copy and use someone's intellectual property -- without his or her permission. If you offer to do lookups for others (whether you charge or not) in books or CDs that you own, you may be guilty of copyright infringement. Obtain the author's permission first -- you might be surprised at how gracious most authors are. Broderbund, one of the largest producers of genealogical CDs, clearly notes in all of its CD booklets that it considers the following wholesale sharing a copyright violation:

    Point Systematically making a CD freely available to more than one person at a time

    Point Systematically make large parts of a CD's contents freely available to others

    Point Uploading all or part of a CD's contents onto an electronic bulletin board

    Point Circulating a printout taken straight off the CD

The USGenWeb Project offers four "golden rules of copyright" at www.usgenweb.org/volunteers/copyright.html:

    Point Materials older than 1923 are absolutely safe. (They are in the public domain.)

    Point Relaying FACTS is OK. (This does not mean copying.)

    Point If the use of material created by someone else diminishes the market value of that person's work, then the copyright has been violated

    Point Getting written (not e-mail) permission from the author/publisher is the surest way to ensure that you are not violating copyright law

So what is copyrightable? Some like to argue that genealogy is just facts, and facts can not be copyrighted or that the information came from public records and therefore can not be copyrighted. It is true that original public records in the U.S. cannot be copyrighted, but a compilation of them can be. The law recognizes the right of transcribers and compilers to be compensated and have their work protected. If you don't think this is work, transcribe some 17th-century Virginia court records or decipher some 19th-century ship passenger lists. Accumulated genealogical information, to the extent that it is an expression, can be protected by copyright, but the actual facts in the information cannot be protected.

If authors quit compiling records and writing books because of copyright infringements, what will happen to genealogy? It is true that the basic facts about your ancestors -- name, birth date and place, spouse, date and place of the marriage, death date and place, are not copyrightable. However, adding any kind of narration to the basic genealogical facts gives rise to a copyright in the creative portion of the work. See Gary B. Hoffman's article "Who Owns Genealogy? Cousins and Copyrights" www.genealogy.com/14_cpyrt.html.

Does living far from genealogical repositories, having a physical limitation, being a certain age, or being in reduced circumstances entitle us to any special privileges of copying or using someone's material? Is it ever right to take anything that belongs to someone else? Would your ancestors be proud of your answers and your actions?

For more information about copyright issues see:

10 Big Myths About Copyright Explained by Brad Templeton:
www.templetons.com/brad//copymyths.html

The United States Copyright Office:
lcweb.loc.gov/copyright/

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