This is a generic description of fair use and not meant to be a legal description.
Fair Use can be defined as a person or persons using data/materials from a published
source that does not violate the spirit of Intellectual Property Copyright Laws.
Of course, they mystical 10 percent clause comes into play. I don't think any Judge
would put up with assigning a percentage as Fair Use. What a Judge may do is look at what
was "used" and determine the Intent of the user for that data/material.
In the case of the genealogical researcher on the Internet and more specifically, one
using the USGW Archives; an item is found that would enhance the researcher's
investigation in determining their family history. So, the user extracts the data and
posts it on his/her website with the appropriate bibliographic reference. Let's say
that this is from Private Cemetery Listing and the user/researcher has found several
entries directly linked to his/her family.
The 'fact' of entries directly linking by genealogical evidence to their family
would establish the "Intent" portion of the Fair Use clause.
Okay, let's go one step further. Let's say that the Private Cemetery Listing
contains 200 Name Entries and the user has definite proof that 80 of the entries are
directly connected to his family lineage.
This is a gray area and the user/research may well want to cover themselves by seeking
written permission from the submitter of the information before republishing any of the
data. This could be construed as not being Fair Use, because a large percentage (40
percent) of the Name Entries would be republished.
If the data extracted was only 10 Name Entries, then I would say the user has good
intentions and his/her actions fall under the Fair Use clause. It's really a touchy
situation and one has to be careful on zealous intent over Fair Use.
Next email I will suggest what could be placed for USGW Notices of Copyright Material
without falling in the nature of licensing.
James W. McCluer