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Archiver > STEWART > 1997-09 > 0875109421


From: <>
Subject: Copyrighted Family Histories
Date: Wed, 24 Sep 1997 09:57:01 -0400 (EDT)


To those interested in copyright law:
I have been following the copyright "dispute" on the Stewart board with
some interest, and find certain claims made concerning ownership of
"intellectual property" disturbing, and suggest that such claims may exceed
what the copyright law actually states, and/or as it has been interpreted by
the courts.
Once any commercial enterprise (such as Broderbund, for example)
accumulates genealogical data and places it on a CD, they can, one supposes,
claim to have "added value" to what was 99% of the time most likely already
extant in the public domain.
Consider how this usually works: Family historians diligently collect
family data, often over may years and at considerable personal expense, and
then "publish" (distribute and/or place copies in libraries) their family
histories, usually without formal copyright application, and therefore in the
public domain. Copies find their way into libraries of historical societies,
into the databases of surname newsletters, and at last into GED and other
universal formats. Sometimes family histories are naievely submitted to
commercial collation centers directly by the family members themselves. At
any rate, commercial companies like Broderbund sometimes bundle these on CDs
(which is all they really do; the question of "added value" will probably be
settled in the courts).
If the family data were originally made available in the public domain,
there is a fundamental and lingering question about whether such public
domain data can be subsequently copyrighted at all; that also remains to be
court tested in the case of family histories (my own sympathies are with a
NOT copyrightable verdict).
While it appears that Broderbund and other for-profit companies are
currently attempting to claim that they "own" other peoples' family
histories, this may turn out not to be a very strong case, in the long run.
It sure doesn't solicit sympathy from certain long-time genealogists.
The bottom line is this: Genealogists can probably claim that they got
their data from a previously noncopyrighted source, anyway, since almost all
family history data exist somewhere in an original, noncopyrighted format,
preceeding the act of commercial bundling and subsequent copyrighting.
If you buy and use Broderbund's or another company's family history CDs,
however, and explicitly or implicitly agree to their licensing agreement,
then you should behave accordingly.
However, traditional interpretation of copyright law still permits
reasonable use of copyrighted material for educational or other
NON-commercial uses. Genealogy likely qualifies in this latter category.
Despite strongly-worded and sadly intimidating statements by some certain
other parties (and note the possible conflict of interest situation[s]
volunteered by those parties, themselves) most genealogists likely do not
need to worry about violations of copyright law unless they obtained material
directly from a copyrighted source such as a commercial CD, and then attempt
to use it directly in a commercial venture such as a published book. And
even then the courts tend to permit reasonable use of previously copyrighted
material if the original source is cited AND the material is even slightly
"rearranged" and/or given some similarly creative "added value."
That, after all, is all that Broderbund has done, in terms of the data
base. And since such companies apparently make no attempt to verify the
accuracy of the personal histories they have accumulated, one wonders wherein
the alleged "added value" lies.
I, for one, am for keeping family history data largely in the public
domain, both as data and as a process, and channeling toward others the
continuous opportunities for joy one can feel while experiencing the lifelong
process of personal historical research. Those with litiginous minds and
territorial personalities make themselves known to us eventually. My advice
is to go instead with the open-hearted sharers. It may take a little longer,
but the road is well lit.
By George Edson, and others.

Larry Mai in Long Beach, CA
Editor of the FREE and NON-copyrighted Stewart Clan Newsletter

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