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Archiver > Freepages-Help > 2007-07 > 1185673715


From: "Judy Florian" <>
Subject: Re: [FreeHelp] RE copyright
Date: Sat, 28 Jul 2007 21:48:35 -0400
References: <c33f63ea0707281824x3b852e58ja2cf745fec76d041@mail.gmail.com>
In-Reply-To: <c33f63ea0707281824x3b852e58ja2cf745fec76d041@mail.gmail.com>


Marcia,

My understanding is this:

Just altering, modifying, adding to or deleting from an original work or
photo does not give a new copyright to me for making those changes.
However, my "arrangement" of that photo with text, colors, and other
information can be under my copyright.

For example, let's say I create a page and put Copyright 2007 on the page.
My page content is as follows:
1. Graphics from FreeGraphics (fictious name) and I place their permission
icon/image on my webpage linked back to them--- their images are NOT under
my copyright
2. Pictures of great-great-granny that I lovingly restored over 20 hours of
work and even paid a photo lab to help me get the best image -- NOT under my
copyright though
3. My own original words and original stories about what my grandma told
me--- my words ARE my copyright
4. A family sheet I created/arranged with names and dates -- my arrangement
IS under copyright, but the names and dates are NOT
5. MY overall page layout, what I choose to put on the right / left --
technically the entire thing is MY copyright, but it's the overall effect I
create... if someone copied the photo from my site and just happened to also
put it on the top right side of their webpage like I did on my page, that
"placement" is not copyrightable.

We put copyright notices up on webpages to serve 2 functions, as I see it.
First, to say "the overall arrangement of this work was done by me" and ALSO
as a reminder that the content of webpages is not a freebee bin at a
yardsale-- someone created everything used on the page and the notice serves
as a reminder of this fact.

Copyright law is complex and most people would need an attorney to pursue
infringement suits. Now, whether genealogy researchers would want or have
the money to pursue infringement cases is another story.

The bottom line: If someone is highly protective and doesn't want info /
pictures "shared" via the Internet, don't post them. Example: A person has
worked on a family history BOOK for 10 years and has it published. Why
would they then post it all on the 'Net? But--- even if they did, and
someone copied all the names and dates, there would be no infringement.
However, if they copied original writing blocks with names and dates, that
probably would be infringement.

Judy


On 7/28/07, Marcia C Farina <> wrote:
>
> I worded the first paragraph of previous submission incorrectly. Sorry
> for
> the confusion. I have two separate questions.
>
>
> 1) If I restore an old picture, isn't the restored version automatically
> covered by copyright, because I created it? I'm not addressing whether
> or
> not I am willing to share it. I often send hard copies or jpg copies (at
> much higher resolution than those displayed on the web), to
> relatives/interested researchers. I simply want to understand the
> principle.
>
> 2) If I place a copyright statement on my homepage, e.g., Copyright
> (c)2000-2007 Marcia Farina, but have not paid the fee, is that not a false
> copyright statement? I referenced the two articles previously published
> in
> Rootsweb Review and which are available elsewhere on the web. James F.
> Ramaley, Ph.D.: http://ftp.rootsweb.com/pub/review/2005/1130.txt
> and http://ftp.rootsweb.com/pub/review/2007/0110.txt
>
> ~ ~ ~ ~ ~
>
> I have the following on my homepage; if the verbiage is improper, I'd want
> to change it.
>
> "The author and many generous contributors share the data and photographs
> on this site
> for genealogical study and assistance*.* Public data (names, dates,
> etcetera) is freely shared *.*
> Photographs and images remain property of the owner, as do graphics and
> text
> created or
> authored by persons associated with this website*.* Many of the old
> photographs have been
> carefully restored, often requiring hours of work *.* Take copies for
> your
> personal enjoyment
> but please do not reproduce them for sale or profit, or place them in a
> publication or on
> another Internet site without prior written permission from Marcia Farina
> or
> the original owner*.*
>
> "Newer photographs, restored photographs, graphics, and text created or
> authored
> by persons associated with this website are afforded protection under
> copyright laws*."*
> **
> Marcia


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