Copyright and Fair UseFor Genealogists, Authors, Lecturers, and

HobbyistsUsing TMG database

© 2013 Catherine K. Wilson All Rights Reserved. For RUG member use only. No other permissions granted.

Topics Covered in Lecture 1

• A bit of copyright history• Copyright Law in US today• What does it mean• International Copyright Laws• Examples

First Copyright Law 1710

Earliest Copyright Law 1790

Image from wikimedia.org

Copyright Law of the United Statesand Related Laws Contained in Title 17 of the

United States Code

• The complete text of the U.S. Copyright Law, Dec 2011 in PDF format.

• http://www.copyright.gov/title17/

Copyright Law of US §102(a)

• “Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”

What does this me for ME

Internet search did not reveal the copyright owner. Copied without permission.

Copyright is Personal Property

• You own the copyright to your original work at the moment it goes from an idea to a tangible form.

You own the copyright for work you created for yourself or a client

Photo by Christina Martin. Old Bones Genealogy, LLC.

Do I need to register my copyright?

Found on Dear Rich: Nolo’s Intellectual property blog. Copied without permission .

How Long Does a Copyright Last?

Sonny Bono Copyright Term Extension Act of 1998

• For works created after 1 Jan 1978, it lasts for the life of the author plus 70 years.

• Anonymous, pseudonymous and works for hire copyright lasts 95 years from the date of first publication.

• Works not published or registered before 1 Jan 1978; life of author plus 70 years.

• Pre- 1978 original copyright term plus 95 years from first copyright.

No, You Do Not Need a Copyright Notice

• It is useful if you want to protect your work in court because it makes the claim of ignorance much harder to prove.

• If your work has monetary value you may also want to register it with the copyright office. This also helps in the event of a law suit.

Standard Copyright Format

• The word “Copyright” or the symbol ©• Followed by the year the material was first

published• Name of the person or organization that holds

the copyright• Accepted examples: • © 2013 Catherine K. Wilson• Copyright 2013 Catherine K. Wilson

Should I Register My Copyright

• It Depends• The copyright must be legally registered

before you can bring a law suit to defend it.• Creates a presumption that your copyright is

valid and allows up to $150,000 (and possibly lawyer fees) without having to prove any actual harm.

Copyright Law of US §102 (b)

• “In no case does copyright protection for an original work of authorship extend to any idea..., regardless of the form in which it is described….”

Copyright belongs to www/libweb.surrey.ac.uk. Used without permission.

What is Public Domain

• Works whose intellectual property rights have expired, been forfeited, or not applicable.

• Works of the U.S. Government are in the public domain.

• Works created before 1923 in the U.S. are in the Public Domain.

Http://onlinebooks.library.upenn.edu/okbooks.htmlExcellent web site about how to get permission from copyright holder,Find books in the public domain, Copyright and public domain of other countries

Using Government Records in Genealogy Research

• Copyright protection is not available for any work of the US Government. (Title 17 U.S.C., Section 105).

• You may produce material freely as you see fit• The government politely asks that you cite the

source properly.

What about Transcripts and Indexes?

• “original works of authorship” are covered by copyright.

• Works are granted copyright by creative authorship or arrangements.

• Transcripts and Indexes, at best, are partially covered by copyright.

http://www.self-publishing-coach.com/copyright-on-the-internet.html

Copyright laws apply equally on the Internet as they do elsewhere.

Copyright and Genealogy

• Basic facts about ancestors (name, dates and place, marriage partner) are not copyrighted

• Narration of the facts IS covered by copyright• If you copy another persons creative work,

that is copyright violation.• By submitting a GEDCOM you implicitly agree

to allow your information to be published.

Fair Use

• There is no law that entitles a user to use another persons copyrighted material

• For purposes of criticism, comment, news reporting, teaching, scholarship or research, you are allowed to use portions of copyrighted works.

Catherine’s Rules

• Assume everything is copyrighted until proved otherwise.

• When in doubt, research and/or ask.• Cite your sources. Evidence Explained by

Elizabeth Shown Mills is a must have for a genealogists personal library.

• Don’t believe everything you hear about copyright and fair use.

Disclaimer

• The author of this Power Point presentation is not a lawyer and the material in this presentation is not legal advice.

• There is no intent to give legal advice.• If you need legal advice you need to seek a

qualified attorney.• Everyone is encouraged to educate

themselves about copyright and fair use.

Trademarks

• Trademarks not officially registered are marked with the trademark symbol

• Registered Trademark

• Example:• The Master Genealogist• GenBridge

CG and Certified Genealogist are service marks of the Board for Certification of Genealogists, used under license by board certificants after periodic competency evaluation, and the board name is registered in the US Patent & Trademark Office.