Sara, As I understand it, Heritage Quest is saying that you can't collect a large number of the IMAGES from their databases of images, and then republish them. As I recall, they have only images (censuses, books, newspapers). They say, "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." (my emphasis) That is poorly worded and misleading, I think. They should have said something like "significant part." When you read it, it probably sounded like ANY part, even a single page, but that is not what they mean. For your personal use, you can make a small collection of their images on your computer (perhaps 50, perhaps 100, perhaps more). Before doing something like that, download one of them and see if you can view it properly. Censuses are all in the public domain. You are free to transcribe as many census images as you want. There is no restriction to transcribing public domain materials. You can then put whatever you transcribe onto a website, even though it came from their images. The Heritage Quest books are probably all in the public domain as well, but I'm not certain of that. If the books are all pre-1923, then they are in the public domain. Books after that can be in the public domain as well, but that can't be determined easily. Another problem that I see in the paragraphs of their licensing agreement that you sent is that they are addressing both U.S. and English copyright laws at the same time. If you don't know each law, you could think that some of the parts apply to you when they actually don't. Cliff ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Sara Binkley Tarpley wrote: >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 library: > >*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. >* ><snip> > > Sara

Cliff, Thanks. I was beginning to feel incredibly stupid. Sara On 3/10/06, Cliff Lamere <clifflamere@nycap.rr.com> wrote: > > Sara, > > As I understand it, Heritage Quest is saying that you can't collect a > large number of the IMAGES from their databases of images, and then > republish them. As I recall, they have only images (censuses, books, > newspapers). > > They say, "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." (my emphasis) > > That is poorly worded and misleading, I think. They should have said > something like "significant part." When you read it, it probably sounded > like ANY part, even a single page, but that is not what they mean. > > For your personal use, you can make a small collection of their images on > your computer (perhaps 50, perhaps 100, perhaps more). Before doing > something like that, download one of them and see if you can view it > properly. > > Censuses are all in the public domain. You are free to transcribe as many > census images as you want. There is no restriction to transcribing public > domain materials. You can then put whatever you transcribe onto a website, > even though it came from their images. > > The Heritage Quest books are probably all in the public domain as well, > but I'm not certain of that. If the books are all pre-1923, then they are > in the public domain. Books after that can be in the public domain as well, > but that can't be determined easily. > > Another problem that I see in the paragraphs of their licensing agreement > that you sent is that they are addressing both U.S. and English copyright > laws at the same time. If you don't know each law, you could think that > some of the parts apply to you when they actually don't. > > Cliff > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ > Sara Binkley Tarpley wrote: > > >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 library: > > > >*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. > >* > ><snip> > > > > > Sara > > > ==== 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. > > ============================== > 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 > >