Joan, I have found myself in a similar situation. For me, it wasn't so much that I didn't want my emails posted with the family information (since they relate the level of surety of the information I had), but that the person did not ask permission to post the emails. My emails did give some personal information as well. I'm glad that at least the person removed my email address from the exchange, though some personal information remains (such as the town I live in, as well as where I work and what I do). I decided not to pursue, since there were only 2 emails quoted, and the personal information relatively mild. (I am not sure, but he may well have removed the content of the emails, had I asked) The fact that I work where I do is also available through the website of my employer. I believe from what I know of copyright law, it would be difficult to litigate and win such a claim. It would also be expensive and time consuming. I wonder if there isn't some kind of privacy law that the person is violating. In a copyright claim, the person could probably cite fair use, since most of what he's probably using is factual, and I assume he is not making money from the use. "His response was that, unless I give him permission to use the data contained in my e-mails, that he HAS to keep them posted in order to publish the information they contain while preserving MY copyright?!!!" That is an obviously ridiculous statement by him. If you do not give permission, he shouldn't be able to post it. I don't understand what he is saying with this statement, but it sounds like he is trying to rationalize his use of your emails. I've met with this attitude before, and I'm not sure why, but some people seem to think that there is nothing ethically wrong with reposting people's personal emails. I find this utterly incomprehensible, but it exists and I've come up against it. I for one would never post another's email without specific permission. The only thing I might do, is post, as a citation to specific information, the fact that I received an email from that person, but not the content of the email (unless I received permission) James

In a message dated 7/19/2006 6:29:16 PM Eastern Standard Time, Jma8763@aol.com writes: His response was that, unless I give him permission to use the data contained in my e-mails, that he HAS to keep them posted in order to publish the information they contain while preserving MY copyright?!!! SO, does anyone know if I actually HAVE a copyright to my e-mails? My suggestion: tell him to remove ANY reference to you and suggest that if he wishes to extract public record type info from your emails and post that as his OWN then he can do it, but let him know in no uncertain terms that neither YOU nor your original content are to be used on his website. That IS copyright infringement. There is nothing you can do if he wishes to use your assumptions and speculations to create his OWN assumptions and speculation -- if he posts misinformation under his own name then that is his right--but he can't take your original copyrighted text nor use you as a reference when you do not wish to be included on his page. If he doesn't cooperate with you then contact his hosting website to have the data about YOU and your copyrighted original text removed. Make sure, if this is necessary, that you explain he isn't cooperating with your removal request. It doesn't sound as though you would have any trouble proving he is using YOUR content since he is quoting you. Most hosting sites will act on a copyright complaint if you can prove your claim and if the violator is not cooperative. If not, your only recourse would be legal--OR...making sure you post your OWN data online as you would like it to appear. Then people can compare what he has vs. what you show and decide for themselves which to accept. Joan

Hi all, I've run into a bit of a "situation", and was wondering if I had ANY recourse under copyright laws. I exchanged a series of e-mails with a guy who was researching some of the same family names that I was looking for, and now I find, not only all of my data posted on his website, but my private e-mails to him are posted as well!! We had stopped corresponding when he asked me to co-author an article on these families, but since a LOT of what I had was speculative, I made it clear that I was not comfortable portraying it as fact. He got upset, claiming that I had too high of a standard for what consists of "proof" of a relationship, and he finally stopped writing when he couldn't persuade me to lower my standards to meet his, so he was VERY CLEAR on the fact that I did NOT want my data published ANYWHERE yet! BTW, HIS standards, according to him, are: Come up with a best guess theory, and if you can't find anything to disprove it, it's more likely than not to be accurate......HUH??????? Anyway, when he sent me an e-mail regarding updates to his website, I was SHOCKED to find my e-mails to him copied into the notes section of various pages! There was nothing earth shattering in there, but there was personal information that I would never have wanted posted on a website! A couple of examples....he asked me who I was and where I lived, which I replied to, and it's now posted on his website. I forwarded him an e-mail that I had written to another genealogy friend of mine who is legally blind, so I added a note apologizing for the font size, and why it was so large....THAT'S posted on his website!!! I wrote to him and asked him to please remove my e-mails, as they contained personal information, such as my name, my former occupation, as well as those of LIVING people in the family, my e-mail address, the town where I live, and personal information on some of my research contacts. His response was that, unless I give him permission to use the data contained in my e-mails, that he HAS to keep them posted in order to publish the information they contain while preserving MY copyright?!!! SO, does anyone know if I actually HAVE a copyright to my e-mails? And if so, can someone publish them to the internet without my permission???? I almost feel like I'm being blackmailed here....give my permission, or live with my e-mails being published!!! PLEASE understand that I KNOW he has a right to publish the public record data, even though it isn't his research, but does he have the right to post my theories and other personal information, verbatim, without my permission????? In all fairness, he did say that he would remove some of the "personal" information that he didn't feel was relevant to "telling the story", which in my humble opinion was never HIS story to tell!!! BUT, he said that I have only found a portion of my e-mails so far, and that he will only remove information that I specify, and then only IF he deems it unimportant to the story! He has some 60,000 names in his database, and now he's claiming that the only way I can have ANY of MY information removed, is to go through all of the entries that pertained to the people we discussed, which are HUNDREDS, and read through ALL of their notes, to see if my information is there, and then beg to have it removed?!!! Am I really at his mercy here, or do I have any recourse to have this information removed, without giving him my permission to take credit for my research and theories?!!!! Any and ALL advice on this matter would be GREATLY appreciated!!!! THANKS!! Joan

Sounds like you need to pay a visit to a copyright attorney, Joan. ----- Original Message ----- From: <Jma8763@aol.com> To: <COPYRIGHT-L@rootsweb.com> Sent: Wednesday, July 19, 2006 5:28 PM Subject: [COPYRIGHT] personal e-mails posted to the net?????? > > Hi all, > > I've run into a bit of a "situation", and was wondering if I had ANY > recourse under copyright laws. I exchanged a series of e-mails with a guy who > was > researching some of the same family names that I was looking for, and now I > find, not only all of my data posted on his website, but my private e-mails > to him are posted as well!! > We had stopped corresponding when he asked me to co-author an article on > these families, but since a LOT of what I had was speculative, I made it clear > that I was not comfortable portraying it as fact. He got upset, claiming > that I had too high of a standard for what consists of "proof" of a > relationship, and he finally stopped writing when he couldn't persuade me to > lower my > standards to meet his, so he was VERY CLEAR on the fact that I did NOT want my > data published ANYWHERE yet! BTW, HIS standards, according to him, are: Come > up with a best guess theory, and if you can't find anything to disprove it, > it's more likely than not to be accurate......HUH??????? > Anyway, when he sent me an e-mail regarding updates to his website, I was > SHOCKED to find my e-mails to him copied into the notes section of various > pages! There was nothing earth shattering in there, but there was personal > information that I would never have wanted posted on a website! A couple of > examples....he asked me who I was and where I lived, which I replied to, and > it's now posted on his website. I forwarded him an e-mail that I had written > to > another genealogy friend of mine who is legally blind, so I added a note > apologizing for the font size, and why it was so large....THAT'S posted on his > website!!! > I wrote to him and asked him to please remove my e-mails, as they contained > personal information, such as my name, my former occupation, as well as > those of LIVING people in the family, my e-mail address, the town where I > live, > and personal information on some of my research contacts. His response was > that, unless I give him permission to use the data contained in my e-mails, > that he HAS to keep them posted in order to publish the information they > contain > while preserving MY copyright?!!! > SO, does anyone know if I actually HAVE a copyright to my e-mails? And if > so, can someone publish them to the internet without my permission???? I > almost feel like I'm being blackmailed here....give my permission, or live > with > my e-mails being published!!! PLEASE understand that I KNOW he has a right > to publish the public record data, even though it isn't his research, but > does he have the right to post my theories and other personal information, > verbatim, without my permission????? > In all fairness, he did say that he would remove some of the "personal" > information that he didn't feel was relevant to "telling the story", which in > my humble opinion was never HIS story to tell!!! BUT, he said that I have > only found a portion of my e-mails so far, and that he will only remove > information that I specify, and then only IF he deems it unimportant to the > story! > He has some 60,000 names in his database, and now he's claiming that the only > way I can have ANY of MY information removed, is to go through all of the > entries that pertained to the people we discussed, which are HUNDREDS, and > read > through ALL of their notes, to see if my information is there, and then beg > to have it removed?!!! > Am I really at his mercy here, or do I have any recourse to have this > information removed, without giving him my permission to take credit for my > research and theories?!!!! Any and ALL advice on this matter would be GREATLY > appreciated!!!! > > THANKS!! > Joan > > > > ==== COPYRIGHT Mailing List ==== > To unsubscribe from this list click on > mailto:COPYRIGHT-L-request@rootsweb.com?subject=unsubscribe (list mode) or > mailto:COPYRIGHT-D-request@rootsweb.com?subject=unsubscribe (digest mode) - > Contact COPYRIGHT-admin@rootsweb.com for list related problems. For the > COPYRIGHT-L archives, go to http://archiver.rootsweb.com/th/index/copyright. > > ============================== > New! Family Tree Maker 2005. Build your tree and search for your ancestors at > the same time. Share your tree with family and friends. Learn more: > http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&targetid=5429 > > > > > -- > No virus found in this incoming message. > Checked by AVG Free Edition. > Version: 7.1.394 / Virus Database: 268.10.1/391 - Release Date: 7/18/2006 > >

I sure wish I could help you but I can't. I realize this in not any help, but I have had the same thing happen to me. I even had the surnames changed to what someone thought they should be. Good luck in whatever route you travel. John -----Original Message----- From: Jma8763@aol.com [mailto:Jma8763@aol.com] Sent: Wednesday, July 19, 2006 5:28 PM To: COPYRIGHT-L@rootsweb.com Subject: [COPYRIGHT] personal e-mails posted to the net?????? Hi all, I've run into a bit of a "situation", and was wondering if I had ANY recourse under copyright laws. I exchanged a series of e-mails with a guy who was researching some of the same family names that I was looking for, and now I find, not only all of my data posted on his website, but my private e-mails to him are posted as well!! We had stopped corresponding when he asked me to co-author an article on these families, but since a LOT of what I had was speculative, I made it clear that I was not comfortable portraying it as fact. He got upset, claiming that I had too high of a standard for what consists of "proof" of a relationship, and he finally stopped writing when he couldn't persuade me to lower my standards to meet his, so he was VERY CLEAR on the fact that I did NOT want my data published ANYWHERE yet! BTW, HIS standards, according to him, are: Come up with a best guess theory, and if you can't find anything to disprove it, it's more likely than not to be accurate......HUH??????? Anyway, when he sent me an e-mail regarding updates to his website, I was SHOCKED to find my e-mails to him copied into the notes section of various pages! There was nothing earth shattering in there, but there was personal information that I would never have wanted posted on a website! A couple of examples....he asked me who I was and where I lived, which I replied to, and it's now posted on his website. I forwarded him an e-mail that I had written to another genealogy friend of mine who is legally blind, so I added a note apologizing for the font size, and why it was so large....THAT'S posted on his website!!! I wrote to him and asked him to please remove my e-mails, as they contained personal information, such as my name, my former occupation, as well as those of LIVING people in the family, my e-mail address, the town where I live, and personal information on some of my research contacts. His response was that, unless I give him permission to use the data contained in my e-mails, that he HAS to keep them posted in order to publish the information they contain while preserving MY copyright?!!! SO, does anyone know if I actually HAVE a copyright to my e-mails? And if so, can someone publish them to the internet without my permission???? I almost feel like I'm being blackmailed here....give my permission, or live with my e-mails being published!!! PLEASE understand that I KNOW he has a right to publish the public record data, even though it isn't his research, but does he have the right to post my theories and other personal information, verbatim, without my permission????? In all fairness, he did say that he would remove some of the "personal" information that he didn't feel was relevant to "telling the story", which in my humble opinion was never HIS story to tell!!! BUT, he said that I have only found a portion of my e-mails so far, and that he will only remove information that I specify, and then only IF he deems it unimportant to the story! He has some 60,000 names in his database, and now he's claiming that the only way I can have ANY of MY information removed, is to go through all of the entries that pertained to the people we discussed, which are HUNDREDS, and read through ALL of their notes, to see if my information is there, and then beg to have it removed?!!! Am I really at his mercy here, or do I have any recourse to have this information removed, without giving him my permission to take credit for my research and theories?!!!! Any and ALL advice on this matter would be GREATLY appreciated!!!! THANKS!! Joan ==== COPYRIGHT Mailing List ==== To unsubscribe from this list click on mailto:COPYRIGHT-L-request@rootsweb.com?subject=unsubscribe (list mode) or mailto:COPYRIGHT-D-request@rootsweb.com?subject=unsubscribe (digest mode)  Contact COPYRIGHT-admin@rootsweb.com for list related problems. For the COPYRIGHT-L archives, go to http://archiver.rootsweb.com/th/index/copyright. ============================== New! Family Tree Maker 2005. Build your tree and search for your ancestors at the same time. Share your tree with family and friends. Learn more: http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&ta rgetid=5429

In a message dated 5/4/2006 3:14:50 PM Eastern Standard Time, pasher@ee.net writes: Unless you can demonstrate a "commercial value" for the use of the image, the posessor of the photograph is probably free to republish it if the photographer's copyright has expired. --- This is just an observation but it seems to me the pertinent paragraph from the link you listed (and thanks for the link) is: "While an individual's right to privacy generally ends when the individual dies, publicity rights associated with the commercial value connected with an individual's name, image or voice may continue. For example, many estates or representatives of famous authors, musicians, actors, photographers, politicians, sports figures, celebrities, and other public figures continue to control and license the uses of those figures' names, likenesses, etc." I think the above paragraph pertains primarily to the commercial value of a likeness of the celebrity and not those who just happened to find themselves included in a group photo with him. Since apparently it was the celebrity's own heirs/family who shared the photo to be placed on the website I'd say they agreed to it being done. I can give an example of this very issue from personal experience. A very famous celebrity--movie and TV star, graduated from my high school some years before I went there and many school photos from the yearbook and elsewhere that include the star and other students have been published over the years -- some identifying the "friends" and others allowing them to remain anonymous -- but the only "commercial value" to the photos involved the fact that the star was included in them. Without him there was no commercial value. Even though the "friends" were "private" and "living" I never heard about any of them who actually complained about the use of their photos--they rather got a kick out of it--there 15 minutes of fame! Joan

At 07:19 PM 5/3/2006, you wrote: >My concern was your questions # 1 and # 2, but after reading all the >explanations, it looks like the former photographer was the only person >with any legal standing. It still doesn't seem right to me since they >were MY >parents but there's nothing to be done about it. I would have >appreciated a >request of permission to use the photo since there was a way to contact me >through a former secretary of the movie star who I was >exchanging letters with, and also a cousin of the movie star who still lives >in my city. Marilyn, Publicity rights is not an area about which I have much knowledge; but my guess is that your parents did not demonstrate any intention to keep the photo "private" when they themselves distributed several copies; and their rights to privacy in general ceased at their deaths. Unless you can demonstrate a "commercial value" for the use of the image, the posessor of the photograph is probably free to republish it if the photographer's copyright has expired. The Library of Congress has published a brief explanation of publicity rights: http://www.loc.gov/homepage/legal.html#privacy_publicity If you feel strongly about it, you might want to investigate the state laws specific to your parents. Pat

Pat, My concern was your questions # 1 and # 2, but after reading all the explanations, it looks like the former photographer was the only person with any legal standing. It still doesn't seem right to me since they were MY parents but there's nothing to be done about it. I would have appreciated a request of permission to use the photo since there was a way to contact me through a former secretary of the movie star who I was exchanging letters with, and also a cousin of the movie star who still lives in my city. Thanks, Marilyn ------------------original message-------------------- In a message dated 5/2/2006 7:01:22 P.M. Eastern Standard Time, pasher@ee.net writes: If you would identify your actual point of concern, someone could probably answer intelligently, i.e. is the question 1) Do the subjects have copyrights to a photo? 2) Can the subject control distribution and/or republication of the photo? 3) Do I have a right to recompense for the use of the wedding photo of my parents? Pat

Very simple anyone may file a lawsuit against anyone else at anytime they wish. That does not mean they would win the lawsuit but it could mean an out of court settlement to save on costs. Cheers Guy Kaesemein@aol.com wrote: > snip > Just wondering then.......... > If the people in the photo have no rights, then I'm wondering why movie > stars end up > filing lawsuits against photographers who take their pictures. > > Marilyn > > > -- Wakefield, West Yorkshire, England. http://freespace.virgin.net/guy.etchells The site that gives you facts not promises! http://anguline.co.uk/ An organisation dedicated to bring rare books on CD, at an affordable price, to the local history researcher and to the family history researcher.

At 03:07 PM 5/2/2006, Marilyn wrote: >Does this mean then, that if I give photos of my wedding to family or >friends that I or my >children have not right to their control any longer? ....... For example if >a relative publishes >a book about his/her life 60 or 70 yrs. down the road, he can use the photo >of my husband and I in it without asking permission of myself or my children? > Marilyn, Copyright, Privacy, and Publicity rights are separate issues. If you would identify your actual point of concern, someone could probably answer intelligently, i.e. is the question 1) Do the subjects have copyrights to a photo? 2) Can the subject control distribution and/or republication of the photo? 3) Do I have a right to recompense for the use of the wedding photo of my parents? Pat

Marilyn, The first paragraph of this discussion relates to pre-1978 copyright law. The professional photographer, as "creator" of the photo, had the right to get a copyright on the photo. However, the photographer is not likely to have done that in 1931. It would have required both time and a small fee to register the copyright of a photo that would get a few sales and then nobody else would be buying copies ever again. If it doesn't say Copyright or something similar on the back of the photo, it was never copyrighted. If it says so, you can be sure the copyright was not renewed 28 years later (the photo had no value). Since the photo was sold, it lacked protection afforded to works not published. It is reasonable to assume that the photo is in the public domain, which means that anyone is free to use it. In 2006, copyright is automatically assigned to any creative work. It does not have to be registered. For example, the email that you sent to the list is copyrighted even if you didn't know it and didn't say so. Concerning photos of your own wedding, I assume that it took place before 1978, and that it does not say copyright on the back of the photo if professionally taken. If my assumptions are correct, you own a copy of the photo, but nobody owns the copyright. If the photo was taken privately, and it has never been published, then the copyright belongs to the person who took the photo (or the heirs). If a private photo was taken by a parent or grandparent of you or your husband, then your children would be heirs of the common law copyright, but that copyright will expire according to certain rules and may not be available 60 years from now. Even if your children owned the copyright of a photo that had been given away, would they want to pay legal fees to prevent someone from using it in a family genealogy? I'm sorry that I don't have a reasonable solution for you. Cliff Kaesemein@aol.com wrote: > >Cliff, > >The photo was taken by a professional photographer on their wedding day and >my parents >purchased a number of copies for the immediate family and members of the >wedding party. > >The photography studio has been out of business for at least 40 yrs. or >longer. >The flower girl/movie star died in 1981. > >Does this mean then, that if I give photos of my wedding to family or >friends that I or my >children have not right to their control any longer? ....... For example if >a relative publishes >a book about his/her life 60 or 70 yrs. down the road, he can use the photo >of my husband and I in it without asking permission of myself or my children? > >Marilyn > > > > >

In a message dated 5/2/2006 4:03:43 PM Eastern Standard Time, Kaesemein@aol.com writes: Just wondering then.......... If the people in the photo have no rights, then I'm wondering why movie stars end up filing lawsuits against photographers who take their pictures. Marilyn Marilyn- In many cases they don't...when they do it is usually because of a doctored photo that the celebrity feels is detrimental to their career (or will cause them to lose income as a result) or a photo that is accompanied by libelous accusations. In other words--in order to make spending the money to file a lawsuit worthwhile--they have to be able prove they were hurt in some way--usually financially and the party they are suing has to be one from whom they can expect to recover funds. Plus, the photos taken of celebrities by the paparazzi are taken without the knowledge and consent of the person being photographed and often are taken by the photographer sneaking into a private place or situation to take the photo--which can't be said for a wedding photo. The subjects are well aware that the photo is being taken and agree to having it taken. Joan

In a message dated 5/2/2006 3:20:07 PM Eastern Standard Time, Kaesemein@aol.com writes: BUT the person with the web site and publishing the book is a complete stranger to me and doesn't know my family from Adam, so it just "feels" like an invasion of my family's privacy. Marilyn --- Marilyn- The person's connection or lack thereof to your family is totally irrelevant to the issue of whether or not they have the right to use the photo. You haven't told us, I don't believe, whether your parents are still living. The fact that you stated that your parents "were" private people leads me to believe they are no longer living--and if this is the case--it needs to be stressed that deceased people have no privacy rights--the right to privacy extends only to the living. Joan

In a message dated 5/2/2006 3:10:05 PM Eastern Standard Time, Kaesemein@aol.com writes: <<The photo was taken by a professional photographer on their wedding day and my parents purchased a number of copies for the immediate family and members of the wedding party.>> This means the photos WERE considered as being published at the time they were taken and sold to the family and wedding party as I had originally assumed. --------- <<The photography studio has been out of business for at least 40 yrs. or longer.>> Which means that in all probability the copyright was not renewed if, indeed, the photos from way back in 1931 were ever marked as being under copyright in the first place. ----- <<Does this mean then, that if I give photos of my wedding to family or friends that I or my children have not right to their control any longer? ....... For example if a relative publishes a book about his/her life 60 or 70 yrs. down the road, he can use the photo of my husband and I in it without asking permission of myself or my children?>> Well, copyright laws are different today than they were in 1931, but if the photos were not taken by you then the photographer holds the copyright--not you. Neither you nor your family members have the right to reproduce a photo that is under copyright without the permission of the copyright-holder --but the only person who can complain about infringement is the copyright-holder--the photographer. If the photo is out of copyright by the time the person wishes to use it -- then they can probably use it without permission from anyone. The link that was posted to the list about "model releases" is something you might want to read over and while this is a many-faceted issue of Civil Law, you would probably have a difficult time pursuing a family member legally for publishing an out-of-copyright wedding photo on that basis. See: http://www.unc.edu/~unclng/public-d.htm to learn when a copyrighted work passed into the public domain. Joan

Donna, If my parents had been on the news or in a public forum where they knew TV cameras were going to be taking pictures, I would look at the situation differently, but they had these posed photos taken ONLY to share with family and members of the wedding party......not to be in a stranger's book, or on the internet. Marilyn --------------------original message---------------------------- In a message dated 5/2/2006 1:28:17 A.M. Eastern Standard Time, dstfelix@erinet.com writes: The names of your parents and the date of the marriage is public record. As far as the photo: If a news crew takes photos or video, do they ask permission to use it on the news from everyone in a crowd?, or of an aledged criminal being taken off to jail? I don't think so. ... Look at is as your parents claim to public fame. Donna

Joan, The reason it bothered me is because my parents/family were private people and their wedding photo was taken to be shared with family and members of the wedding party.....not intended to be published on the internet and in a book for all the world to see. To me it's just a matter of privacy and courtesy. I know their marriage records are public information, but nobody would ever care to search for their marriage record or even know that they existed except for family and friends. If my grandchildren would want to use the photo in a book of family history for the family that wouldn't bother me. And if they wanted to publish it I wouldn't mind since they were descendants of my parents. BUT the person with the web site and publishing the book is a complete stranger to me and doesn't know my family from Adam, so it just "feels" like an invasion of my family's privacy. Marilyn ----------------------original message----------------------- In a message dated 5/1/2006 2:15:20 P.M. Eastern Standard Time, JYoung6180@aol.com writes: The names of your parents and the date of their marriage are on public record and would not be copyrightable, nor would it be private information--they are facts. So I fail to see the question or problem. Why do you feel permission is necessary to post the photo publicly? Joan

In a message dated 5/1/2006 11:45:11 P.M. Eastern Standard Time, JYoung6180@aol.com writes: Even given the circumstances you suggest--if the photo was not *published* because it was taken by a non-professional and copies were never sold...the fact remains that Marilyn's question was: "How can this be allowed without ever seeking permission from us?" The answer is still the same--that permission need not be requested of the family of the bride and groom as they would not be the copyright-holders ------------------------------------------------------------- Just wondering then.......... If the people in the photo have no rights, then I'm wondering why movie stars end up filing lawsuits against photographers who take their pictures. Marilyn

Cliff, The photo was taken by a professional photographer on their wedding day and my parents purchased a number of copies for the immediate family and members of the wedding party. The photography studio has been out of business for at least 40 yrs. or longer. The flower girl/movie star died in 1981. Does this mean then, that if I give photos of my wedding to family or friends that I or my children have not right to their control any longer? ....... For example if a relative publishes a book about his/her life 60 or 70 yrs. down the road, he can use the photo of my husband and I in it without asking permission of myself or my children? Marilyn --------------------original message---------------------------- In a message dated 5/1/2006 9:53:52 P.M. Eastern Standard Time, clifflamere@nycap.rr.com writes: If Marilyn tells us that it was a professionally taken photo, it will not change the things I have said above. From what she has said so far, it could not have been assumed that it was professionally taken. I have been a non-professional photographer for two weddings of young relatives. It would be natural to take a photo of the wedding party. Marilyn, do you know who took the photo? If so, do you know when, or about when, the person died? Cliff

They have the pictures on file at the DUP buildings. The pictures vary agewise. They charge $15.00 a picture to get a copy. But most date back to late 1800's and early 1900's. They have no published book. They have histories that descendants have donated. They do fill out a paper to turn the histories in that I think gives them the copyright to the histories. Betseylee ---- Original Message ----- From: "Donna St. Felix" <dstfelix@erinet.com> To: <COPYRIGHT-L@rootsweb.com> Sent: Monday, May 01, 2006 11:30 PM Subject: RE: [COPYRIGHT] Publishing old photos > Are they claiming copyright on the original photos or reprints in some > manner such as a published book? What is the age of the original photos? > > > -----Original Message----- > From: Betseylee [mailto:betseylee@mstar.net] > Sent: Monday, May 01, 2006 5:39 PM > To: COPYRIGHT-L@rootsweb.com > Subject: Re: [COPYRIGHT] Publishing old photos > > The Daughters of the Utah Pioneers claim a copyright on all photos donated > to them. Most were donated by descendants of the person in the photo not > by > the photographer. Are these truly copyrightable? > Betseylee > ----- Original Message ----- > From: <JYoung6180@aol.com> > To: <COPYRIGHT-L@rootsweb.com> > Sent: Monday, May 01, 2006 12:32 PM > > > ==== COPYRIGHT Mailing List ==== > To unsubscribe from this list click on > mailto:COPYRIGHT-L-request@rootsweb.com?subject=unsubscribe (list mode) or > mailto:COPYRIGHT-D-request@rootsweb.com?subject=unsubscribe (digest > mode) - Contact COPYRIGHT-admin@rootsweb.com for list related problems. > For the COPYRIGHT-L archives, go to > http://archiver.rootsweb.com/th/index/copyright. > > ============================== > Find your ancestors in the Birth, Marriage and Death Records. > New content added every business day. Learn more: > http://www.ancestry.com/s13964/rd.ashx > > >

In a message dated 5/2/2006 1:28:17 AM Eastern Standard Time, dstfelix@erinet.com writes: If a news crew takes photos or video, do they ask permission to use it on the news from everyone in a crowd?, or of an aledged criminal being taken off to jail? I don't think so. ... Look at is as your parents claim to public fame. Donna- Criminals and public figures (celebrities, etc.) give up the right to privacy--giving up one's right to privacy is part of doing something that is noteworthy or newsworthy. Also, the news media has a First Amendment right to publish photos as a part of their news reporting. Joan