I definitely do not appreciate your comment "I need to stop being selfish."
and such is "OUT OF LINE FOR THIS BOARD."
I have listened to this "sharing" theory from some very "lazy" people who
want those that work hard to "surrender" their work.
What would you say if you spent 20 years (full time) researching, paying to
have documents extracted in costs and gasoline to get to the various
facilities
around the USA and over 40 hours a week COMPILING those materials from
different sources
and paid over $20,000 out of your pocket to published that work?
Publishing companies do not print for free and it is expensive.
I believe it is selfish of any individual to feel they deserve the right to
"cash in on" another's research.
not only selfish, but illegal.
I published my years or work done at my own expense, but infringers have
left me with $10,000 out of my pocket in "unsold inventory."
FYI: Genealogy copyright infringement is a serious felony offense if convicted.
This said: It is the compilation I am addressing which Stephen Fishman's publication explains are works in which pre-existing materials are selected, coordinated and arranged so that a 'new" work of authorship is created.
If copyrighted publications were to be in the Public Domain why does the Library of Congress Copyright Office issue copyrights? Your response seems to say all copyrighted material should be "shared" unselfishly by every author of that material. Sorry, I don't think that is what America is about
Infringement is "piracy."
ANd, not so fast:
June 28, 2005 Supreme Court Ruling has caused some copyright infringers to
loose their businesses, and their access to the internet denied.
And, I am not speaking of a table, or diagram. that consists merely of
transcriptions - I am speaking of the creative compilation off those
records.
On 7/18/05, Katheryn (Fitzwater) Devine <bankdevine[_at_]mchsi.com> wrote:
>
> Copyright and Public Domain as relates to Genealogy
> What exactly is in Public Domain?
> What is my copyright for, if not as issued?
Before I go on, you need to stop being selfish. You should know that you should allow other people copy the names from your work in the same way as you are allowed to copy the names from the public records. In other words, what you would do, you should allow others to do the same. My golden rule for public domain materials.
Enough about my preaching.
> Copyright Office Attorney Stephen Fishman in his publication "Law for All,
> The Copyright Handbook"
> Chapter 7 addresses FACT COMPILATION COMBINED WITH COLLECTIVE WORK and
> references Genealogical works.
> This is an excellent book for the "lay person." This, and other "advice"
> tells me I own the ancestrial charts, the descendancy charts, the
> anhatefel
> charts, etc.
Not so fast. Here is what Attorney Stephen Fishman said in his other book, "The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More":
A Genealogy (that is, a table or diagram recording a person's
or family's ancestry) consisting merely of transcriptions of
public records, such as census or courthouse records, or
transcriptions made from headstones in a few local
cemeteries, are also deemed by the Copyright Office to
lack minimal creativity. On the other hand, the creativity
requirement may be satisfied where the creator of a
genealogy compilation uses judgment in selecting material
from a number of different sources.
(Chapter 12, Page 11)
Also, the relationships as shown in your charts are not copyrightable. You don't own the relationships in your charts. Anyone can copy the relationships between individuals in your charts but they can't copy the creative parts in your charts.
> I made a list of those I believe have violated my copyright from the 375
> pages of data submitted to World Connect under FITZWATER and came up with
> over 100 individuals.
> Many who have the exact "compilation" of records as I have. Just who of
> these 100 individuals "owns" the copyright?
Without seeing the materials, it is hard to answer your question. But, the copyright that you claim to own could be very thin. I don't see how you can own the names in 100 individuals.
> ... The closest anyone came was to say if monetary loss existed,
> then the individual infringing could be responsible.
They obviously are wrong on that part.
> I have read those Supreme Court Rulings, and noted the most recent
> effecting
> the Internet of June 28, 2005. They do not say what others state they
> say.
It seems that you are referring to the ruling on Grokster. It has nothing to do with the subject. I think that the Feist ruling is more relevant to this discussion.
> Cindy's List, the publication cited above, and numerous other sites with
> "interpretated opinion" of Copyright Law, specifically points out that
> genealogy is fully protected by bopyright laws as an original compilation
> work.
Only to the compilation itself. Not everything inside the compilation. See Section 103 in the U.S. Copyright Law.
> IS GENEALOGY NAMES THIS IMPORTANT TO INDIVIDUALS AS TO RISK THIS?
It is obvious that you look only at one side of issue. Suppose that
you are on the other side of the coin. Suppose that you are not allowed
to copy the names from the public records. Suppose that you are
not allowed to copy the names from the compilations that come from
the public records. Suppose that you have to pay money for the
permission to copy names. You should recognize that the names
should belong to the public domain at all the times so that anyone
can copy names and create their own compilations and charts.
Joseph Pietro Riolo
<josephpietrojeungriolo[_at_]gmail.com>
<riolo[_at_]voicenet.com>
Number of days left until 1-1-2019 when all knowledge of 1923 in the land of the U.S.A. will be freed from their copyright owners' prisons: 4,913
Public domain notice: I put all of my expressions in this post in the public domain.
#############################################################This message is sent to you because you are subscribed to the mailing list <CNI-COPYRIGHT[_at_]cni.org>. To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Thu Jul 21 2005 - 01:20:00 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:55 GMT