APG-L Archives

Archiver > APG > 2009-04 > 1239298985


From: "LBoswell" <>
Subject: Re: [APG] Client Report Copyright Ownership on Expert Connect
Date: Thu, 9 Apr 2009 13:43:05 -0400
References: <12455582.1503841239298028534.JavaMail.root@mbs7.homesteadmail.com>
In-Reply-To: <12455582.1503841239298028534.JavaMail.root@mbs7.homesteadmail.com>


Besides, if I raise my rates by 25% I'll not be giving that to Ancestry.
They've had enough of my money out of necessity over the years. And that's
the problem too. They charge 25% commission (I haven't checked that
figure), the genealogist raises rates to cover it, and ends up joining in
gouging the public further.

last point on copyright for me is, I don't care much about who has what
right. Rest assured, you hire me, you own your history, and that includes
my summary of it. Most copyright infractions can't be enforced anyway, so
it's all for naught. You need to prove financial loss, and I don't think
surname based private family histories of ordinary folk are best sellers
these days.

As a member of APG I'd still like to know exactly what the connection is (if
any, direct or indirect) between APG board members (or APG volunteers
working on this for profit Ancestry project). How does this involvement, if
any, further the goals and needs of APG's members. If there is an
involvement, what is it, and why? My intent is only to make sure that the
organization that I'm a member remains an independent body, acting only on
behalf of its membership, and is not one that is establishing ties with a
private corporation at any level. How could APG claim to represent and act
on behalf of its members otherwise. I'm not making any suggestions,
accusations, or the like. Nothing in the above is meant to demean any member
of APG. I'm simply looking for an explanation of what seems to be a curious
involvement.

Larry
----- Original Message -----
From: "Dee Dee King,Certified Genealogist"
<>
To: <>
Cc: <>; <>
Sent: Thursday, April 09, 2009 1:27 PM
Subject: Re: [APG] Client Report Copyright Ownership on Expert Connect


> Joan, I think you nailed the issue. "If you had a direct contract with a
> client..."
>
> Whatever it is Ancestry is trying to say in this paragraph about
> copyright, Ancestry is inserting language into its agreement with you that
> keeps you from self-determining YOUR copyright language in your contract
> with your client. You are bound by Ancestry's terms.
>
> The terms of the T&C can change at any moment. The T&C itself recommends
> that the genealogist check the terms each time before signing an agreement
> with a client. The genealogist would also be prudent to print out those
> current terms and attach them to the client contract in their file.
> Whatever terms that bound the genealogist to Ancestry at that time will
> effect the client transaction. Additionally, fluid terms in the T&C could
> potentially require the genealogist to revise his contract template when
> revisions are made to the T&C.
>
> It is an additional barrier between the genealogist and the client.
>
> best regards,
>
> Dee
>
>
>
>
>
> ----- Original Message -----
> From:
> To: , ,
> Sent: Thursday, April 9, 2009 10:57:47 AM (GMT-0600) America/Chicago
> Subject: Re: [APG] Client Report Copyright Ownership on Expert Connect
>
> If you had a direct contract with a client, it should spell out exactly
> who
> retains right to the material you uncover and what the client AND you can
> do with. Keep in mind that the facts you unearth or discover wouldn't be
> copyrightable by ANYONE--not you, not the client, not by Ancestry. Unless
> you
> are contributing original content -- such as narrative text -- there
> wouldn't be much that is copyrightable anyway.
>
> If you ARE providing original content this would be much like a work for
> hire. In a work for hire the company/person paying for the content would
> legally hold the copyright. But again...how much of the research would be
> copyrightable? If you are going to photograph a tombstone or historic
> building
> or something like that--you would need to determine whether you as
> photographer (or the client) holds the copyright.
>
> With genealogical research I'd be more concerned with confidentiality.
> Normally, if I did client work I wouldn't reveal or offer the results to
> anyone
> buy my client without the client's permission. That is usually spelled out
> in a contract. So, for all intents and purposes, the research would
> belong
> to the client. If I take a photo *for* a client I'd fully expect him to
> have the right to USE that photo--on a Web site, in an online family
> tree,
> etc.
>
> Joan
>
>
> In a message dated 4/9/2009 9:51:26 A.M. Eastern Daylight Time,
> writes:
>
> Hello Todd,
>
> As I continue to review the Terms and Conditions of the Expert Connect
> service I am confused about some of the statements.
>
> Under #15 COPYRIGHT POLICY, fourth paragraph is the following statement:
>
> Material created and submitted by a provider to a Client through a
> service offering will, unless the submitter specifically states in
> writing to the contrary and this exception is also agreed upon in
> writing by the Client, is the property of the Client.
>
> Can you explain what Ancestry thinks this means? Since this is under the
> copyright section are you saying I must get the client to agree that I
> retain copyright ownership of the report I create and send to the
> client? This seems to contradict U.S. law if I am reading it correctly.
>
> --
> Regards, Debbie
>
> Debbie Parker Wayne
> Wayne Research -- http://debbiewayne.com/
>
>
>
>
>
>
>
> .
>
> -------------------------------
> To unsubscribe from the list, please send an email to
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>
>
> --
> Dee Dee King, Certified Genealogist (sm), Certificate 903
> www.ForensicGenealogyServices.com
> PO Box 1085
> Manvel TX 77578
>
> 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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