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Archiver > APG > 2009-02 > 1234134773

From: Kathy Rippel <>
Subject: [APG] Fwd: Re: Copyright Mavens - 1700s & 1800s documents
Date: Sun, 08 Feb 2009 17:12:53 -0600

I do agree with Peggy that organizations often
mis-use both copyright and HIPAA to deny access.
The issue on the "copyright" quite often is just one of ownership.

I decided to check the chart at

Copyright Term and the Public Domain in the
United States, 1 January 2009. In the section on
"Never published, never registered works" the answer seems to be quite clear.

However, if you read the footnote, it seems
UNpublished works of days gone by might be
registered since 1978 and still be considered
under copyright until possibly 2047. (Did I read that correctly everyone?)

If so, the issue is whether the Archives has
registered a copyright on those materials, it seems.


At 11:03 AM 2/8/2009, you wrote:
>What!? Copyright is for the life of the author
>plus 70 years. Maybe they have a legitimate
>reason for denying access, but I don't believe
>copyright is it. Besides, I don't think an
>archive would have copyright, the author would.
>I think the archives may be giving an answer
>that works with most people. This makes me think
>of funeral homes that use HIPAA for people who
>may have died many years ago, when that law
>really has to do with the medical records of
>living people. Again, that reason may convince
>some people. You may be dealing with clerks at
>the front desk. I would seek someone higher up
>in the archive to see what the real story is.
>Peggy ------------------------ Peggy
>Baldwin, MLS Family Passages LLC
>www.family-passages.com -----Original
>Message----- From:
>[mailto:] On Behalf Of
>Dee Dee King, Certified Genealogist Sent:
>Sunday, February 08, 2009 8:28 AM To: APG
>Subject: [APG] Copyright Mavens - 1700s & 1800s
>documents Copyright Mavens, Two archives have
>recently denied access to record books from the
>1700s and early 1800s based on the statements
>that they "own the copyright" on the books and
>the contents. Comments? best regards, Dee -- Dee
>Dee King, Certified Genealogist (sm),
>Certificate 903
>www.ForensicGenealogyServices.com Forensic
>Genealogy Services is the Service Mark of
>Forensic Genealogy Services, LLC Certified
>Genealogist (CG) is a service mark (sm) of the
>board for Certification of Genealogists®
>conferred to associates who consistently meet
>ethical and competency standards in accord with
>peer-reviewed evaluations every five years. .
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Kathleen Reid Rippel, MLS
Great Bend, KS

Member: Association of Professional Genealogists
(APG), 2005-2009 ; Heartland Chapter of APG, 2008-2009.

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