Robin-
If you have any questions about copyright - the US Copyright website
http://www.copyright.cornell.edu/public_domain/ is very helpful and I have at times
emailed a question to them and they have answered quite fast (within a few days). They
have been very helpful to me at times.
Good luck.
Paula Waupaca CC -
http://www.wigenweb.org/waupacaWaushara CC -
http://www.wigenweb.org/waushara/index.htm> From: kaspar.robin(a)gmail.com> To:
wigen(a)rootsweb.com> Date: Sat, 1 Nov 2008 15:02:34 -0400> Subject: Re: [WIGEN]
Copyright concerns> > Thanks Tracy, I appreciate your viewpoint. It should be a
common sense > thing, IMHO, but there doesn't seem to be much of that in
today's > world LOL...> > Robin> > > On Nov 1, 2008, at 8:21 AM,
Tracy Reinhardt wrote:> > > Robin,> > Go ahead and post the obits. My guess
that the reason you have not > > heard> > back from the paper, is because the
issue TO THEM is so trivial as > > to not> > warrant any time on their part to
answer. Perhaps you will > > eventually hear> > back from them at some point,
but that could take months and months.> > Copyrights only matter when you intend to
claim someone else's work > > as your> > own, and make a profit from it.
And since it is part of USGenWeb, > > which> > states nothing on our pages can
we charge for, that is something you > > can> > always fall back on. The big
item to remember here, is to be sure to> > mention which paper the obit came from.
Then there is no issue with> > copyright, and in fact, the paper appreciates the
acknowledgement.> > Also remember, some people, such as book reviewers, reprint >
> portions of> > books as part of their reviews, and this is considered fair use,
and > > not> > subject to copyright. The reviewer does not have to get
permission > > from> > every author he reviews. This is why a newspaper would
consider an > > obit as> > fair use.> >> > I have attended several
sessions on copyright laws, and have not > > heard of> > any case of someone
getting sued. And I've asked. I ALWAYS hear > > copyright> > scares in the
genealogical community, usually originating from some > > group> > that has
published some records, and they want to stop someone else > > from> >
publishing the same things, such as cemetery records. Foolishly > > people> >
believe those scares, when they in fact, aren't true. I can retype> > cemetery
records that have already been published, and publish them > > myself.> > (I
CAN'T photo-copy their pages, and claim them as my own.) This > > is the>
> big difference!> >> > Also, MAK says that when the family pays for the
obit, the copyright > > is> > really that of the poster, not the newpaper, and
this is not > > correct. It> > still belongs to the newspaper, because they do
the setup and > > publishing.> > Everything in the paper belongs to the paper.
Just because you pay > > for> > something, does not mean you own the
copyright. Also, an obit is > > such a> > small part of the whole paper. You
are not attempting to compete > > with the> > paper, and you are not charging
a fee. There is no reason for a > > paper to> > sue you because you are taking
away income from them.> >> > I have obits on my website since 1998. Most of
them are old, but I> > have some newer ones, and never heard any complaints. I have
> > friends and> > relatives who work for newspapers, and when I mention the
obit issue> > regarding copyrights, they laugh, because for them it's a
non-issue.> >> > Just my two cents worth.> >> > tracy
reinhardt> >> >> >> > On Fri, Oct 31, 2008 at 5:29 AM, Robin Hoff
Kaspar> > <kaspar.robin@gmail.com>wrote:> >> >> Back when I
started my site (1997) I was thrilled to receive> >> contributions of obituaries.
But there was a lot of discussion on the> >> lists about copyright infringement
(not that that has changed but it> >> was a real hot topic back then) and I made
the decision that I didn't> >> want to be some rinky-dink newspaper
publisher's legal test case and> >> put a disclaimer on my obit index page
that I would not post full- > >> text> >> obituaries that were less than
75 years old. I post the name of the> >> deceased, date of death and link to the
submitter for private> >> communication.> >>> >> Fast forward
to 2008. I pay for a subscription to one of the local> >> county newspapers
because that's where my family lives. While I'm> >> checking the vital
records page for news of family members, I index> >> all the obits. Earlier this
year I wrote to the publishers of the> >> other newspapers in the county and
asked if they would comp me on a> >> subscription in the interest of community
service (I explained why I> >> wanted them). I make my living advertising in
small rural newspapers> >> and felt sure I could connect with these people. (I
have placed> >> advertising in these papers in the past, a fact I mentioned in
the> >> letters, thinking that would surely get me "in.") Well, I was
> >> wrong. I> >> never heard a word from any of them, not even to say
"are you out of> >> your mind?"> >>> >> So a lady has
just sent me transcripts of several obits that are not> >> very old (30-some
years). I have half a mind to remove my disclaimer> >> and start posting these
obits. But I still want to be a responsible> >> citizen, not go half-cocked
because these guys blew me off. I truly> >> believe the chances of being sued are
very very slim. But do I want > >> to> >> risk it, both personally and
as a representative of sorts of > >> USGenWeb?> >> Have there been any
known cases of at least a threat of legal action> >> by a newspaper?>
>>> >> Can I get some opinions?> >>> >> Thanks,>
>> Robin> >> Grant County WIGenWeb> >>> >>> >>
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