You can, though, use excerpts of the copies in your own works, would be no different than taking excerpts from any published material available in the library or newspaper, as long as you don't copy a whole page and try to use that. Steve ----- Original Message ----- From: "Sara Binkley Tarpley" <sarabtarpley@gmail.com> To: <COPYRIGHT-L@rootsweb.com> Sent: Friday, March 10, 2006 2:10 PM 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. 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