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From: Kathi Jones-Hudson <>
Subject: Re: [MDALLEGA] Copyright questions
Date: Sun, 18 Sep 2011 12:15:57 -0700 (PDT)
References: <002801cc7634$bfea92e0$3fbfb8a0$@embarqmail.com>
In-Reply-To: <002801cc7634$bfea92e0$3fbfb8a0$@embarqmail.com>
Factual information (names, dates, etc .) cannot be copyrighted by anyone. An entire book of factual information as a whole, i.e., a book of Wills, can be copyrighted and someone could not, for example, photocopy that book and pass it around (or sell it) to others. However, they can extract information from the book under several laws including Fair Use, which basically is defined as: reproduction of a particular work may be considered fair, such as
criticism, comment, news reporting, teaching, scholarship, and research. There are limits but Fair Use is intentionally vague -- you cannot use so much of an original work as to devalue its' commercial value. Definitely I think quoting a particular passage or extracting factual data would fall under Fair Use and also the non-copyright status of factual data (no matter what you do to factual data, compile a book, etc., it does not change the non-copyright status of the data).
This is the best site for copyright as it applies to genealogy: Copy Right, Copy Sense by Michael Goad. Mike is on the RW Copyright List, is a nice guy and would probably answer questions if you contact him. He's not an attorney but a genealogy person and is pretty good with his explanations of the copyright law as it pertains to genealogy (which is a bit different than standard copyright since we are dealing in facts).
http://www.pddoc.com/copyright/index.html
Here's his section on Fair Use: http://www.pddoc.com/copyright/fair_use.htm
And Copyright Fundamentals for Genealogy: http://www.pddoc.com/copyright/genealogy_copyright_fundamentals.htm
Kathi Jones-Hudson
MD Tombstone Transcription Project Manager
http://www.usgwtombstones.org/maryland/maryland.html
________________________________
From: soulmate <>
To: "" <>
Sent: Sunday, September 18, 2011 11:57 AM
Subject: [MDALLEGA] Copyright questions
Can anyone direct me to or know of a website that would speak of copyright
laws as they relate to genealogical data. If I quote a book, giving the
(dead) authors name and page # as a source, is that a copyright
infringement. Or use excerpts from a newspaper or periodical regarding
historical data, is that infringement. OR a site that would just give
substantial information regarding copyright laws. Three or four good
answers would be sufficient, I don't want to start a firestorm of emails on
the list.
Linda Harden-Lantz
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