From: "John Bush" <john_bush(a)hotmail.com>
Reply-To: OHGEN-L(a)rootsweb.com
To: OHGEN-L(a)rootsweb.com
Subject: Re: [OHGW] PUBLIC RECORDS AND COPYRITES QUESTION
Date: Mon, 17 Jan 2000 11:41:17 PST
>I have a slight problem and need some clarification. I have volunteers
>who
>are supplying me with information from newspaper abstracts, and public
>records, which is wonderful. The problem is,,
>that this same information has been posted on the county newsletters
>of the genealogy society.
>My question being are public records posted in newsletters copyrited?
>
>Has anyone run into this same problem?
>
>I would be interested in hearing your thoughts on this.
The simple answer to your question is, "No." Public records are facts and
facts cannot be copyrighted no matter how hard someone tries. I've heard
of
people putting wrong information into their publications and when people
republish this information, it is no longer fact, but reprinting fiction.
I've never heard of anyone winning a copyright lawsuit because they were
passing off fiction as facts and then these were reprinted--but you never
can tell in this day and age. Courts have upheld the copyrighting of the
"presentation" of facts (i.e. you can't photocopy the news letter printing
the facts and pass it out.)
I try to make sure any records I have posted have been formatted by me.
They are sorted, the information selected is probably different, and the
presentation of each line is different. The sad fact is, anyone can sue
anyone for anything in this country, so no matter what you do, you could
still get sued. I believe everything I have done is well within the spirit
and letter of the law and hope I don't have to get a judge to agree with me
down the road sometime.
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