Is it possible?, legal?, advisable? to insert a copyright notice into my Gedcom file, FH CD and printed reports to protect my research if I decide to publish them to a small number of co-respondants (family and others)that have asked for the details [question]
ID:2956
* Copyright
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RalfofAmber
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Copyright
I have bought privately produced materials as part of my Family History research - where it is published it gets an ISBN number and you get to 'assert the moral right to be identified as the author of this work in accordance with
the Copyright, Designs and Patents Act, 1988'
This doesn't mean you own material you may have already broken copyright on and subsequently reproduce in your own work.
As to how enforceable it is - lots of shareware tools have these things in them and they are in my view generally there to make the producer feel they have produced something 'real' but have no practical meaning.
The whole area of publishing, reuse and the law is not simple and if you were going to accidentally produce a best seller you might find yourself in an interesting position.
the Copyright, Designs and Patents Act, 1988'
This doesn't mean you own material you may have already broken copyright on and subsequently reproduce in your own work.
As to how enforceable it is - lots of shareware tools have these things in them and they are in my view generally there to make the producer feel they have produced something 'real' but have no practical meaning.
The whole area of publishing, reuse and the law is not simple and if you were going to accidentally produce a best seller you might find yourself in an interesting position.
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TimTreeby
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- Family Historian: V6.2
- Location: Ogwell, Devon
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Copyright
As far as i can see, the Data contained within the GedCom file is not subject to Copyright, but the way that the data is presented is, so any report diagram website etc is copyrightable (i.e. they cannot make an exact copy of your report but they can take the data from the report and use that themselves without breaking copyright).
Copyright
I think the legal side of things is so complicated that only the briefest of comments is possible on that aspect. Certainly if the work is your own creation you automatically own the copyright to it, and there is no harm in stating so.
From a practical point of view though, you might as well face the fact that by publishing the information, people are going to rob anything they want without mercy, generally because most of them understand that copyright law is so complex and so unlikely to be brought to court that there is effectively no punishment (giant music companies aside).
I have found that an appeal to the conscience along the lines of 'please contact me if you would like to use the information contained within...' has more effect than a stark copyright notice, though that's not to say you couldn't use both approaches. But experience has taught me that sharing data generally means you lose control of it. If you don't want to do that, don't share it.
From a practical point of view though, you might as well face the fact that by publishing the information, people are going to rob anything they want without mercy, generally because most of them understand that copyright law is so complex and so unlikely to be brought to court that there is effectively no punishment (giant music companies aside).
I have found that an appeal to the conscience along the lines of 'please contact me if you would like to use the information contained within...' has more effect than a stark copyright notice, though that's not to say you couldn't use both approaches. But experience has taught me that sharing data generally means you lose control of it. If you don't want to do that, don't share it.
Adrian Cook
Researching Cook, Summers, Phipps and Bradford, mainly in Wales and the South West of England
Researching Cook, Summers, Phipps and Bradford, mainly in Wales and the South West of England
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TimTreeby
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Copyright
From Devon Record Office
http://www.devon.gov.uk/index/democracy ... opying.htm
Photocopying, use of copies and copyright
We provide copies for personal use or private research. Copies may not be used for exhibition, publication or any other use without the permission of the owner of the documents concerned, and, where copyright exists, the owner of the copyright. Copyright is the exclusive legal right of the author of an artistic, literary or musical work to copy, publish or perform their work, or to authorise its copying, publication or performance. Most archives are classed as literary or artistic works and so come under the laws of copyright. This means that they may not be used, other than for personal use or private research, without the copyright owner's consent.
Copyright lasts for a specific period depending on the kind of work, on when it was produced and by whom. Note that in many cases the owner of the copyright is not the person who owns the document.
We cannot provide more than one copy of the same item if it is in copyright (many documents are in copyright until at least 31st December 2039).
A copyright declaration form (available from staff in the search-room), which states that you are requesting a copy for personal use or private research only, must be completed and signed with every request for copies of original documents where copyright exists. Note that entries from parish registers of baptisms, marriages and burials may be copied without completing a copyright declaration form, as they are not in copyright. Documents that come under Crown Copyright (works prepared under the direct control of the Crown or of a government department), and which were unpublished at the time of their deposit, may also be copied and published without formal permission. These include tithe maps and apportionments, land tax assessments, and other records in Devon Quarter Sessions.
If you require a copy for exhibition, reproduction or publication in printed form or on a web-site, please inform us. We can then identify and contact the document and copyright owners for permission, or assist you to do so yourself. If you do not inform us that you wish to exhibit, reproduce or publish a document or an image to which copyright applies, you will be infringing the laws of copyright.
http://www.devon.gov.uk/index/democracy ... opying.htm
Photocopying, use of copies and copyright
We provide copies for personal use or private research. Copies may not be used for exhibition, publication or any other use without the permission of the owner of the documents concerned, and, where copyright exists, the owner of the copyright. Copyright is the exclusive legal right of the author of an artistic, literary or musical work to copy, publish or perform their work, or to authorise its copying, publication or performance. Most archives are classed as literary or artistic works and so come under the laws of copyright. This means that they may not be used, other than for personal use or private research, without the copyright owner's consent.
Copyright lasts for a specific period depending on the kind of work, on when it was produced and by whom. Note that in many cases the owner of the copyright is not the person who owns the document.
We cannot provide more than one copy of the same item if it is in copyright (many documents are in copyright until at least 31st December 2039).
A copyright declaration form (available from staff in the search-room), which states that you are requesting a copy for personal use or private research only, must be completed and signed with every request for copies of original documents where copyright exists. Note that entries from parish registers of baptisms, marriages and burials may be copied without completing a copyright declaration form, as they are not in copyright. Documents that come under Crown Copyright (works prepared under the direct control of the Crown or of a government department), and which were unpublished at the time of their deposit, may also be copied and published without formal permission. These include tithe maps and apportionments, land tax assessments, and other records in Devon Quarter Sessions.
If you require a copy for exhibition, reproduction or publication in printed form or on a web-site, please inform us. We can then identify and contact the document and copyright owners for permission, or assist you to do so yourself. If you do not inform us that you wish to exhibit, reproduce or publish a document or an image to which copyright applies, you will be infringing the laws of copyright.
Copyright
I shall send that to the next person to nick images from my website. I'm not sure it would stop them in their tracks, though. [rolleyes]
Adrian Cook
Researching Cook, Summers, Phipps and Bradford, mainly in Wales and the South West of England
Researching Cook, Summers, Phipps and Bradford, mainly in Wales and the South West of England
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ChrisBowyer
- Superstar
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Copyright
My legal advice is among other things, that 'it is well-established that copyright cannot inhere in facts themselves', as opposed to copying documents containing facts which is a different matter, but this is disputed by some GENUKI contributors for example, who claim copyright on their information even though this is a matter of public record.
In practice there's no point in testing the argument in court unless someone's making a lot of money out of it, so it remains unclear as far as I can make out.
In practice there's no point in testing the argument in court unless someone's making a lot of money out of it, so it remains unclear as far as I can make out.
Copyright
Hmmm, well an encylopædia has more facts than you could shake a stick at, but most encylopædias are very much copyrighted; and as the post above implies, a library would not photocopy a page more than once of an educational textbook with nothing but facts in it. There's also the question of 'fair use' of course.
All of which just goes to show (to me at least) that as far as you or I are concerned, copyright law is so complex and so unproven it might as well not exist. Some people will take what they want from your family tree (if you publish it online or elsewhere) with or without permission because they know there is nothing you can do about it. Or afford to do about it; it amounts to the same thing.
All IMHO, of course.
Adrian
PS That doesn't mean I'm against publishing family trees, quite the reverse, just that one has to accept it is likely to be copied wholescale if one does.
All of which just goes to show (to me at least) that as far as you or I are concerned, copyright law is so complex and so unproven it might as well not exist. Some people will take what they want from your family tree (if you publish it online or elsewhere) with or without permission because they know there is nothing you can do about it. Or afford to do about it; it amounts to the same thing.
All IMHO, of course.
Adrian
PS That doesn't mean I'm against publishing family trees, quite the reverse, just that one has to accept it is likely to be copied wholescale if one does.
Adrian Cook
Researching Cook, Summers, Phipps and Bradford, mainly in Wales and the South West of England
Researching Cook, Summers, Phipps and Bradford, mainly in Wales and the South West of England
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ChrisBowyer
- Superstar
- Posts: 389
- Joined: 25 Jan 2006 15:10
- Family Historian: None
Copyright
You're right of course, encyclopedias (and any other reference works) are full of facts, and they are copyright. The point is (I believe) that they can't stop you re-publishing the facts themselves, as distinct from the text that contains them.
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arshawbrown
- Diamond
- Posts: 55
- Joined: 11 May 2005 09:00
- Family Historian: None
Copyright
Wow !! Thanks for all of your kind replies - I'm still very confused though, so I think I'll attach both a copyright notice and a note to contact me if reproduction is required. I should be covered all ways then. Thanks again.
Copyright
One copyright that family historians tend to ignore is that on BMD certificates. I have yet to come across a family historian who doesn't copy them to other family members. If there are any out there who just pass on the GRO reference then you are doing it correctly, however I think the vast majority will pass on a photocopy or scan. As has been noted above the chances of any prosecution for copyright being brought to court are very slim.
If anyone was found passing around copies of birth certificates of living people for fraudulent purposes then this will undoubtedly lead to prosecution. I think it is unlikely they will take a family historian to court for copying a one hundred and fifty year old birth certificate and sending it to their third cousin they found via Genes Reunited, but if someone was found selling copies of a certificate I assume they would be prosecuted..
Ancestry.co.uk probably take a different view on the copyright of their census images as they have spent a lot of money transcribing and publishing them and they want to protect their investment.
If anyone was found passing around copies of birth certificates of living people for fraudulent purposes then this will undoubtedly lead to prosecution. I think it is unlikely they will take a family historian to court for copying a one hundred and fifty year old birth certificate and sending it to their third cousin they found via Genes Reunited, but if someone was found selling copies of a certificate I assume they would be prosecuted..
Ancestry.co.uk probably take a different view on the copyright of their census images as they have spent a lot of money transcribing and publishing them and they want to protect their investment.
Regards
Dave
Dave