You can transcribe from their images and you can transcribe from the books, for your own personal use. You cannot freely give to others using their transcription or sell to others. If you go to the library and find said book and make your own copy you can do with it what you will. As long as the book is in the public domain. Would you like others to take your information that you worked hard to find and transcribe, and sell it or give it to whoever? Yes some of the images are of census items, but they have also transcribed those images. I believe on ancestry you can send images to friends, but you are still limited on certain copyright and licensing agreements. I don't believe that you can use their images on a website. After all it is their image - their picture if you will. You can go to the library get the film and copy it, then you have your own image. Rene' -------Original Message------- From: Sara Binkley Tarpley Date: 03/10/06 14:21:54 To: COPYRIGHT-L@rootsweb.com Subject: Re: [COPYRIGHT] HeritageQuest Images 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 > > ==== COPYRIGHT Mailing List ==== RootsWeb's mailing lists are filtered and attachments are removed. A virus that is distributed as an attachment will not reach you through a RootsWeb mailing list. 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At 03:02 PM 3/10/2006, Rene' wrote: >Yes some of the images are of census items, but they have also transcribed >those images. I believe on ancestry you can send images to friends, but you >are still limited on certain copyright and licensing agreements. I don't >believe that you can use their images on a website. After all it is their >image - their picture if you will. You can go to the library get the film >and copy it, then you have your own image. Rene, As far as I know, Ancestry does not claim copyright of their census images. They claim compilation copyright to the collection/index. Transcriptions/indexes are probably only copyrightable if interpretation is involved. A straight transcription (even though it may contain errors) is no different than a xerox copy of a document in terms of the "original intellectual concept" required for copyright. I do agree with your underlying thought -- we need to respect the costs and/or effort needed to create the collection, whether made by our local genealogical societies or commercial companies. Without them, we would not have access to an enormous range of research material. On the other hand, false claims of copyright don't help anyone, and can ultimately rebound to the detriment of the claimant. Pat