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Archiver > TRANSITIONAL-GENEALOGISTS-FORUM > 2011-04 > 1302033600


From: Paula Haymon <>
Subject: Re: [TGF] FindAGrave: Am I Being Overly Sensitive?
Date: Tue, 5 Apr 2011 13:00:00 -0700 (PDT)
References: <mailman.562.1302026461.20092.transitional-genealogists-forum@rootsweb.com>
In-Reply-To: <mailman.562.1302026461.20092.transitional-genealogists-forum@rootsweb.com>


I am surprised, too. Copyright exists from the moment an idea is written or
otherwise expressed.Unlike a patent, it does not need to be registered for the
creator of the piece to enjoy that protection. Copyright owners have the
exclusive right to control the copying of the work. Fair use is not likely
viable here as the entire obituary is copied and published, verbatim, and not
used as a citation in other research, even though the intent of the copier is
likely for educational use and their is no direct commercial benefit for the
copier. Should the copier be a genealogist for hire, one could argue that he or
she could gain some commercial benefit.



Connie Sheets wrote:

I would be less than honest, however, if I didn't say I'm surprised so many
people seem to believe that obituaries are somehow exempt from copyright (in
practice if not in fact) and it's okay to copy and paste them elsewhere if it's
for a good cause.

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