John,
Excellent message and it brought out points that should be considered.
My concern is the current attempt to make Archive Data subject to a
ClickON or ClickWrap licensing agreement. This move by itself, negates
all Fair Use standards under the copyright law and has been tested in
several state courts.
James W. McCluer
-----Original Message-----
From: John Bush <john_bush(a)hotmail.com>
To: OHGEN-L(a)rootsweb.com <OHGEN-L(a)rootsweb.com>
Date: Friday, July 30, 1999 12:12 PM
Subject: Re: [OHGEN-L] Proposed USGW Notice (Copyright Notification)
It seems that far too much effort is being put forth trying to find a
way to
copyright facts, which by there very definition cannot be copyrighted.
The
type of restrictions currently (theoretically) in place and being
contamplated do not fit within the original intent of copyright law.
Copyright law was intended to protect original work. Directly copying
of
collections has been added to copyright law, but reformatting the
data
negates this because you are presenting the data in your own new
copyrighted
format. There is nothing original in finding material that cannot be
copyrighted or for which the copyright has expired and then reproducing
it.
Others have indicated they add incorrect data to their compilations,
which
is fraudulent in my opinion, and then that fiction is copyrightable.
But if
that misinformation causes a person to do hours of incorrect research,
could
the person submitting the known incorrect data be sued for lost time
and
fraud?
I am currently transcribing census records. When I am finished, anyone
can
use the data in anyway they see fit. I won't corrupt the files by
adding
bogus data. I won't try and license, copyright, or otherwise harm
the
spread of the data. If someone puts it on their CD and fails to give
me
credit, that's life. My efforts are for the spread of
genealogical
data--not glory, credit, or anything else.
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