I am not sure what it is you are saying here, James. I don't think Heritage Quest or any of the on-line companies are claiming to own a copyright to the images that place on line, particularly census images. But as has been repeatedly stated in this thread, this is NOT a copyright issue. The terms and conditions set forth - to which you as a user agree when you access the data - govern how you can use the material. You can choose not to access the data or you can choose to use it in accordance with the licensing agreement. Copyright is not involved except as it affects peripheral issues. There are some who say the licensing agreement is to strict to be legally enforceable - but I think I'll leave it to someone else to test it in court! <g> Richard ----- Original Message ----- From: "James Capobianco" <James_Capobianco@emerson.edu> To: <COPYRIGHT-L@rootsweb.com> Sent: Friday, March 10, 2006 4:38 PM Subject: RE: [COPYRIGHT] HeritageQuest Images > -----Original Message----- > From: Pat Asher [mailto:pasher@ee.net] > I did find this at the Customer service link: > "While it's true that the original documents are "public domain," we > have painstakingly processed the records through our proprietary > enhancement systems. It is through this synthesizing process that we > have generated a new product, which is fully protected by U.S. and > International copyright law." > > However, since copyright protects only original intellectual concepts, > it seems to me that copies (product) of public domain documents, no > matter how much they are enhanced, are not protected by copyright. > Again, they may be protected by the licensing agreement for access, but > that is not copyright. > ------- > > Indeed, this is one of the misinterpretations of copyright law that I've > heard a lot in the genealogical community, no doubt propagated by > companies such as Proquest. I am fairly certain that this and other > companies know that this statement is not true, and would not stand up > in court (as far as I understand it, lacking law credentials and all) > but write it anyway because they can get away with it, and most users > don't know any better. > > It would be nice if there were a law under which to prosecute companies > from making false claims to copyright such as these. I know that the > Electronic Frontiers Foundation (EFF) successfully sued Diebold for > sending a frivolous Cease and Desist Letter to a website that had put up > some emails from their company during the voting machine scandal some > years back. I believe that was a part of the DMCA which forbids the > threat of lawsuit when not warranted, but I'm not so versed in that. (I > do know that most ISPs simply listen to the C&D Letters, since by doing > so, they fall under the safe harbor provision, and can't be sued for the > user's alleged infringement) > > http://www.eff.org/legal/victories/ > "Online Policy Group v. Diebold > EFF protected online speakers by bringing the first successful suit > against abusive copyright claims under the Digital Millennium Copyright > Act (DMCA). > When internal memos exposing flaws in Diebold Election Systems' > electronic voting machines leaked onto the Internet, Diebold used bogus > copyright threats to silence its critics. EFF fought back on behalf of > an ISP, winning an award of damages, costs, and attorneys' fees. Equally > important, the case set a precedent that will allow other Internet users > and their ISPs to fight back against improper copyright threats." > > Sorry for the slight tangent here. > > James > > > ==== 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. > > ============================== > Jumpstart your genealogy with OneWorldTree. Search not only for > ancestors, but entire generations. Learn more: > http://www.ancestry.com/s13972/rd.ashx > >