The Genealogy & Family History Social Network
Doing Look-Ups is OK
Several people have offered to do blanket look-ups. I am on Footnote , Ancestry.com and have several books, Since I doubt any of us have every book ever created on any & all family histories or genealogy related material, we help each other out. Besides, this is no different than hiring a professional who researches material and puts together a report, copying, and/or quoting other material, including but not limited to family histories.
If someone has a problem with this, then I suggest THEY do not do look-ups.
This is straight from the "horse's mouth":
http://www.copyright.gov/fls/fl102.html
"One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission. ..."
If someone has a problem with this, then I suggest THEY do not do look-ups.
This is straight from the "horse's mouth":
http://www.copyright.gov/fls/fl102.html
"One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission. ..."
Views: 35
Replies to This Discussion
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Permalink Reply by Sherry Hightower on
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Notice that "research" is listed. Think of doing a research paper in college or high school. If someone has created a family history, and they are obsessively possessive of the information, then they should not have published the material. Like a type of Scrooge, they should have kept it under lock and key, admired their work by candle light in the dark of night, locked in a dungeon so no one would ever see it.
Unless you are quoting research and claiming it as your work, like you wrote it or researched the material (for a family history book), there is no harm and it falls under the Fair Use doctrine.
This is my copyright notice on my website, feel free to adapt it for yours:
COPYRIGHT NOTICE In accordance with Title 17 U.S.C. §107, any copyrighted material used within this site, including but not limited to, entries, photos or graphics, is distributed under Fair Use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research and/or eductional purposes only.
SEE: www.law.cornell.edu/uscode/17/107.shtml
Information on this Web-Site is the property of Sherry Wilkinson Hightower or the researchers submitting their information and may not be copied for commercial use. -
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Permalink Reply by Dae Powell on
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Hi Sherry,
Aye, that's how I look at it, too. I have several books, too. If anyone has a POWELL from Virginia, I own "The Powell Family of Virginia and their Ancestry." I'll look up folks for you.
Happy Dae·
ShoeString Genealogy -
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Dae,
You are by far one of the nicest and most helpful people on this site. I am glad we are friends.
Sherry -
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