----- Original Message -----
From: John Bush <john_bush(a)hotmail.com>
To: <OHGEN-L(a)rootsweb.com>
Sent: Monday, January 17, 2000 2:41 PM
Subject: Re: [OHGW] PUBLIC RECORDS AND COPYRIGHTS QUESTION
>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 copyrighted?
>
>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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Even if you re-sort etc...you're using the society's work...not the
newspapers...If you go directly to the newspaper and get the information,
that is one thing but if you use the work a society does (AND is selling in
the case of their publications, or is intended for DUES-PAYING members..)
and give it away....that is another situation....
If you took a daily newspaper and copied it and re-arranged the pages, and
started selling it on the corner or giving them away so people wouldn't buy
the newspapers....do you think the newspapers would sit by & allow it?
I don't have all the answers, just throwing in some "food for thought".
At GenTech a few years ago, an attorney said that copyright infringements
over the Internet would be such a huge problem in the future the courts
wouldn't be able to handle the caseloads and that that field would be the
field attorney's would make zillions...
....I can see his vison was correct!
I think the answer is to have the volunteers creating new information to
share with the intention of giving it away...abstract court records, vital
records etc. not steal other's work that they are creating to generate
income...
Just a few "odds & ends" of thoughts...
Carol
(wearing two (or more) hats)