Robin, I think perhaps this is the same as quoting a written source. The
way I understand it, no permission is needed if the quote is written per
vertim and properly footnoted. Also, fair use is rather vague, but usually
would mean to take only what is needed to make the point. Passages over 40
words, or multiple paragraphs would be questionable, however, an obit would
not normally fall into that category.
Now, a whole newspaper article would definitely need permission... In addition,
if you are paraphrasing from a source, that should also be annotated. Also,
there are rules concerning personal vs public usage. I happen to think that
our web pages would be personal usage, while the archives would be public
usage...
Just my thoughts on the subject.
R/S MAK
At 10:19 AM 1/10/98 -0600, you wrote:
Marsha,
I agree that it probably falls under fair use, but you should still seek
permission. All it takes is one to fight. Rootsweb does not permit the
listing of information that "may" be under copyright without permission of
the author. Remember, everything in the archives makes Rootsweb liable,
regardless of who put it there or the circumstances. Let's play it safe and
make sure Rootsweb does not have ANYTHING to worry about :)
Robin
At 09:45 AM 1/10/98 -0600, you wrote:
>Robin,
>
>Hi, I'm Marsha Wilcox and I submitted that obit that Sandi just
>uploaded.
>
>Copyright is always a consideration, but in this case it's a 2 paragraph
>blurb and I think that falls under "fair use." Consider how many pages
>the Shawano Evening Leader is, vs how big that 1 obit is, and I don't
>think they'll argue.
>
>Besides, they spelled my grandmother's name wrong, they had the obit
>under Margaret Langloff, when her name is/was Langhoff. ;-)
>
>If they argue, I'll take the heat, since I authorized & submitted it.
>
>I'd think that if we started archiving whole columns from newspapers,
>we'd be violating copyright, but an occasional one shouldn't be a
>problem if properly credited.
>
>If Robin Helman thinks I should, I'll write to the Evening Leader asking
>for permission (but I think they'll laugh).
>
>Let me know.
>
>Happy Hunting!
>Marsha Wilcox
>mwilcox(a)lnd.com
>Davis & Wilcox Web Design --
http://www.usroots.com/spungold/dwwd.html
>USGenWeb County Coordinator for:
>Lake Co., IL --
http://www.rootsweb.com/~illake/
>Listowner for ILLAKE-L, tracing your roots in Lake Co., IL
>Oconto Co., WI --
http://www.rootsweb.com/~wioconto/
>Shawano Co., WI --
http://www.rootsweb.com/~wishawan/
>Home Page --
http://mall.lnd.com/wilcox/
>My Genealogy Page:
http://www.geocities.com/Heartland/Meadows/1616/
>
>Robin Hoff Kaspar wrote:
>>
>> Sandi, are there copywrite issues involved in archiving obituaries? I
>> started putting submitted obits on my county page and then saw something on
>> rootsweb-L about copywrite considerations on rootsweb. So, I only put full
>> text obits on my page that are 75 years old or older, anything newer I just
>> make an index entry.
>>
>> Robin Hoff Kaspar
>> coordinator, Grant County WIGenWeb
>>
http://www.rootsweb.com/~wigrant/
>> e-mail: robinkaspar(a)compuserve.com
>
>
>