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Archiver > AYRSHIRE > 2000-02 > 0951653732


From: Wallace Fullerton <>
Subject: Re: Scots Origins
Date: Sun, 27 Feb 2000 07:15:32 -0500


Thank you for pointing out the GRO statement. But one purpose of such a
statement is really to scare you off even if there isn't much behind it. I
think one must read it very carefully and probably even then you won't be
absolutely sure what is covered.

Note that it says, "General Register Office for Scotland Indexes are Crown
copyright." It does not say the underlying materials are copyrighted. (It
is entirely possible that the underlying materials are covered by some
other law.)

My understanding, which I concede is far from complete, of US copyright
law, is that if the underlying material is in the public domain, only a
specific presentation or analysis of that material can be
copyrighted. That means that were I a genealogist publishing a book, I
might present material developed from public records (which are not
copyrightable under US law). I could not prevent someone from using my
work as a source for their work even if they copied directly from me as
long as they stick to the parts that are not original to me. But as soon
as they copied a particular presentation that I developed, they would be in
violation.

In the context of the GRO and to the extent that British law is similar to
US law, I suspect there is really very little at this source that would be
covered by the copyright. For example, if I can walk into an LDS Family
Research Center and get the same material from microfilm, there is no way
the GRO can claim ownership to that material; the raw facts that are shown
when you do a search would not be covered and could be used freely. On the
other hand, the computer programming that developed the indexes and the
particular presentation of the material on the website is definitely covered.

If this is truly an issue for folks here, I certainly hope someone with
expert knowledge of the UK's laws will provide their interpretation of this
situation.

At 10:25 AM 2/27/00 +0000, you wrote:
>Dear list,
>
>There has been some discussion regarding using info from Scots Origins for
>other than Private use.
>this is the Copyright Statement on GRO
>copyright
>
>
>General Register Office for Scotland Indexes are Crown copyright and are
>reproduced with the permission of the Controller of Her Britannic
>Majesty's Stationery Office.
>1 Permitted Use. Visitors to this website are granted permission to
>access this material, to download and copy such material on to electronic,
>magnetic, optical or similar storage media, and to make printed copies of
>any such downloaded material, provided that such activities and copies are
>for private research or study only.
>2 Restricted Use. Visitors to this website may not copy, distribute,
>sell or publish any of the Crown copyright material downloaded or copied
>from this website. Any other use of the material requires the formal
>permission of the controller of Her Majesty's Stationery Office. For the
>avoidance of doubt, no permission is given for the transfer of any of this
>material to an open Internet site.

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