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From:
Subject: Re: [TNBlount] McAmis Book:
Date: Sat, 28 Jun 2003 10:11:35 EDT

you will NOT be infringing on copyrights by doing look ups. You would be if
you are NOT crediting where the information came from by quoting it word for
word AND making a profit.

We would all be in serious trouble, especially libraries, if we weren't
allowed to look up information and use it in our research for whatever reason.

I know there is a website concerning copyright issues.
Here are a couple sites that might have answers to copyright questions: <A HREF="http://www.templetons.com/brad/copyright.html">;
http://www.templetons.com/brad/copyright.html</A>;
<A HREF="http://www.templetons.com/brad/copymyths.html">http://www.templetons.com/brad/copymyths.html</A>; These sites were listed as
resources in Genealogy Online for Dummies 2nd Edition.

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From the LDS:

Please direct questions regarding copyright or requests for permission to
reproduce any of the Church's copyrighted family history materials to the
following address:

Copyrights and Permissions Coordinator
Family History Department
50 East North Temple Street
Salt Lake City, UT 84150

Genealogical societies, newsletter editors, and others not affiliated with
the Church must obtian permission to produce copies for any publications or
activities that are not sponsored by the Church. Permission in usually given
for legitimate, nonprofit purposes.

To request permission, send a brief letter to the copyrights and permissions
coordinator at the address above. The letter should include the purpose of the
request, how many copies will be made, how and when the copies will be
distributed, and how much will be charged for each copy.

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<snip>
Purchasing a copy of Tom Clancy's latest novel does not transfer Clancy's
copyrights to you. Neither could you claim copyright if you happened to obtain a
copy of one of his unpublished manuscripts. Copyright (or lack of it) is the
key to what can and can not be republished by you.

Facts (such as names, dates, places), whether alone or part of a compilation
can not be copyrighted, i.e. they are public domain.

In the U.S., government agencies may not claim copyright. Records such as
birth, marriage, and death certificates, and publications by government agencies
are public domain.

Once in the public domain, always in the public domain.

So the question that must be answered is, what do you mean by "death
records"?

Are these photocopies of the original death certificates held by the county?
If so, they are public domain.

Did you purchase an index of death records/certificates compiled by the
genealogical society?
The "facts" in a compilation may be extracted and republished at will. The
copyright in a compilation extends only to the "selection and arrangement",
assuming that selection and arrangement is sufficiently original to qualify. An
alphabetical arrangement is not "original". The book/index may be copyrighted.
The facts it contains are public domain.

Did you purchase a "history" published by the genealogical society containing
these death records? Again, the facts it contains are public domain. The
"original" creative writing contained in the book may be copyrighted. If so, those
portions can only be republished with permission, or under the provisions of
fair use.

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For research in the UK and Ireland:

David Hawgood wrote an article for the GENUKI (UK & Ireland Genealogy) web
site, entitled "Copyright for Family Historians". The article is published at
the following URL:

<A HREF="http://www.genuki.org.uk/org/Copyright.html">http://www.genuki.org.uk/org/Copyright.html</A>;

The article addresses: practical implications for family historians; sources
of reliable/authoritative legal information; duration of copyright; obtaining
copies; publishing extracts from the work of others; publication rights for
one's own family history; transcripts, indices; and, the individual's copyright

Far better still, the British Library's Copyright Office has provided a
SPLENDID set of tables that outline the duration of copyright for:
- published literary, dramatic and musical works;
- unpublished literary, dramatic and musical works;
- artistic works; and,
- Crown and Parliamentary copyright.
Please run, don't walk, to their URL at:
<A HREF="http://www.bl.uk/services/information/coptable.html">http://www.bl.uk/services/information/coptable.html</A>;

However, what if published text has no stated author? An example would be
newspaper articles without a reporter's byline. Here's what the British Library
says about duration of copyright:

"For an unsigned or anonymous article: copyright expires 70 years from the
end of the calendar year in which the work was made, or made available to the
public. For example, a newspaper published in 1930 is out of copyright in 2001.

"For a signed article: copyright extends until 70 years from the end of the
calendar year in which the author died.

The ownership of copyright will depend on whether the journalist was a staff
reporter or a freelancer? Whether the article was a syndicated article? and so
forth. When an article is prepared as part of a journalist's permanent
employment, the copyright belongs to the publisher; otherwise it probably still
belongs to the author. Rules on commissioned articles are complex and advice
should be sought."

Reference for the above & for more information, please refer to the British
Library's URL at:
<A HREF="http://www.bl.uk/collections/copynews.html">http://www.bl.uk/collections/copynews.html</A>;

Another excellent source of good information about copyright in the UK can be
found at the web site for the University for the West of England (Bristol).
The university's Library has published a 14-page document (in Adobe Acrobat
format) entitled, "Guidelines on Copyright". Subjects covered include the
following (please note that the document contains at least a dozen more subtitles):
- Copyright - Types of work
- Definition of 'Authors'
- First Owners
- Dealings with Rights in Copyright Works
- Duration of copyright
- Qualification for copyright protection
- Fair Dealing
- Acts restricted by copyright
- Infringement and secondary infringement
- Penalties and remedies
- Electronic Copying & Digital Use of Copyright Material
- Newspaper Licensing Agency (NLA)
- Mechanical Copyright Protection Society Limited
- Ordnance Survey
To study this publication, point your browser to the following URL:
<A HREF="http://www.uwe.ac.uk/library/nlsf/staff/copyright.pdf">http://www.uwe.ac.uk/library/nlsf/staff/copyright.pdf</A>;

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