In a message dated 3/10/2006 1:46:24 PM Eastern Standard Time, sarabtarpley@gmail.com writes: I feel like I am really dumb here, but is this license they hold for the images or for the content [including a transcription of the content]? Sara The license is merely whatever terms you agreed to when you subscribed to the service--you stated in your original post that it seemed to claim you couldn't reproduce any data directly from their database (even privately to answer a lookup request) -- if you agreed to those terms then you are bound by them. Personally I haven't seen the terms you agreed to so it is difficult to be specific. Joan

Well, I think it would require a lawyer to full comprehend what the licensing agreement means. Actually I agreed to the terms only by use; the subscriber is my local public librarry: *b) You will use the Products solely for your own personal or internal use. You will not publish, broadcast or sell any materials retrieved through the Products or use the materials in any manner that will infringe the copyright or other proprietary right of ProQuest or its licensors. You may not use the Products to execute denial of service attacks nor may you perform automated searches against ProQuest's systems to the extent such searches unduly burden ProQuest's systems (including, but not limited to automated "bots" or link checkers). You may print and make copies of materials retrieved through the Products only as permitted in Section 1 (d) of this Agreement. You represent and warrant to ProQuest that you will not use the Products or any material retrieved from the Products to create products or perform services which compete or interfere with the publications and services of ProQuest or its licensors.* ** *d) You may create printouts of materials retrieved through the Products via on-line printing, off-line printing, facsimile, or electronic mail. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials retrieved through the Products shall be for your own internal or personal use. Downloading of all or parts of the Products in a systematic or regular manner so as to create a collection of materials comprising all or part of the Products is strictly prohibited whether or not such collection is in electronic or print form. Notwithstanding the above restrictions, this paragraph shall not restrict your use of the materials under the doctrines of "fair use" or "fair dealing" as defined under the laws of the United States or England, respectively. * *7) Proprietary Rights. All intellectual property rights, including without limitation, trade secrets, copyrights and patent rights to any software, materials, databases or hardware supplied to you by ProQuest will remain the sole property of ProQuest or its licensors, and no title or license right is granted to you except as expressly set forth in this Agreement.* It almost sounds as if you used facts from the materials in a database posted on Rootsweb, you would be violating this agreement. That makes no sense to me. Surely, just as there is no way to copyright a fact, there must be no way to license a fact. Also, some of the images [although I use those at Ancestry] are census images. Surely HeritageQuest cannot keep people from transcribing public records from their images. One problem with the above paragraphs is that HeritageQuest does not define *Products *or *materials.* Sara * * On 3/10/06, JYoung6180@aol.com <JYoung6180@aol.com> wrote: > > > In a message dated 3/10/2006 1:46:24 PM Eastern Standard Time, > sarabtarpley@gmail.com writes: > > I feel like I am really dumb here, but is this license they hold for the > images or for the content [including a transcription of the content]? > > Sara > > > > The license is merely whatever terms you agreed to when you subscribed to > the service--you stated in your original post that it seemed to claim you > couldn't reproduce any data directly from their database (even privately > to answer > a lookup request) -- if you agreed to those terms then you are bound by > them. Personally I haven't seen the terms you agreed to so it is > difficult to be > specific. > > Joan > > > ==== COPYRIGHT Mailing List ==== > LATIN-WORDS-L is a mailing list for anyone with a genealogical or > historical interest in deciphering and interpreting written documents in > Latin from earliest to most recent 20th Century times, and discussing old > Latin words, phrases, names, abbreviations and antique jargon. To subscribe, > send subscribe to mailto:LATIN-WORDS-L-request@rootsweb.com (Mail Mode) or > mailto:LATIN-WORDS-D-request@rootsweb.com (Digest Mode) > > ============================== > Search the US Census Collection. Over 140 million records added in the > last 12 months. Largest online collection in the world. Learn more: > http://www.ancestry.com/s13965/rd.ashx > >