Bob Velke said: >I maintain that it is supremely irresponsible to tell >people in this context that "you can't copyright >an image of public domain material." I understand that you, as President of Archive Books USA, have a vested interest in this topic. Have you, or your company, taken anyone to court over these issues? What were the results? Do you place a copyright notice on the books or CDs? Are you aware that claiming copyright on material that one knows to be false is a criminal offense under U.S. copyright law? TITLE 17 - COPYRIGHTS CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES Sec. 506. Criminal offenses -STATUTE- (c) Fraudulent Copyright Notice. - Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500. I agree with Pat Asher when she wrote, "False and/or misleading claims of copyright are a disservice to the genealogical community." Beyond that, they are also a criminal offense if done knowingly, though I doubt that anyone has ever been prosecuted. For those who may be interested, I have a linked index to the U.S. Copyright Code at http://www.pddoc.com/copyright/copyright_code_index.htm I also have all of the following legal documents on my site related to copyright with a link to them from each page of Copy Right, Copy Sense. Bellsouth vs. Donnelley Burrow-Giles Lithographic Co. v. Sarony Feist Publications vs. Rural Telephone Peter Veeck versus Southern Building Code Congress International Inc., Publications International v. Meredith Corporation Trade-Mark Cases, 100 U.S. 82 (1879) U.S. Constitution, Article 1, Section 8 An article I wrote several years ago, "Copyright Fundamentals for Genealogy," is also available at Copy Right, Copy Sense. http://www.pddoc.com/copyright/genealogy_copyright_fundamentals.htm My research into copyright came about several years ago because of all of the conflicting information about copyright and genealogy. I created my copyright site, which later became Copy Right, Copy Sense, to share what I had learned with others who were having the same frustrations. I've read all of that material and more. However, I am not a lawyer. There is a very good book on copyright by Attorney Stephen Fishman, called, "The Copyright Handbook, How to Protect and Use Written Works." I've used it to make sure my understanding of copyright was correct. Mr. Fishman also has written a book called "The Public Domain, How to Find & Use Copyright-Free Writings, Music, Art & More." When one uses public domain material, she or he should understand that they cannot claim ownership of that material, no matter how much work, effort, or money one puts into it. And if at the end, it looks as good as the original document, it's not an original, it's just a copy of a public domain document. Mike Goad Copy Right, Copy Sense http://www.pddoc.com/copyright Haw Creek Outdoors RV pages

Mike said: >I understand that you, as President of Archive Books USA, have a vested >interest in this topic. Of course. I've made no secret of that. I also have interest in having done more exhaustive research than most on the subject through a team of intellectual property attorneys. That doesn't make me unbiased but it also doesn't make me wrong. >Have you, or your company, taken anyone to court over these issues? No, I haven't had to do so. >Do you place a copyright notice on the books or CDs? Yes. We also require a license agreement. >Are you aware that claiming copyright on material that one knows to be false >is a criminal offense under U.S. copyright law? If there is fraudulent intent, yes. And falsely inferring that someone has done so may also be an offense. >I agree with Pat Asher when she wrote, "False and/or misleading claims of >copyright are a disservice to the genealogical community." I do too. >When one uses public domain material, she or he should understand that they >cannot claim ownership of that material, no matter how much work, effort, or >money one puts into it. Readers are welcome to examine our evidence and evaluate our respective credibility themselves. I have made my case and I don't intend to debate it with those who would merely repeat themselves as supposed evidence of a stronger position. Bob Velke President Archive CD Books USA www.ArchiveCDBooksUSA.com -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.1.375 / Virus Database: 268.2.1/279 - Release Date: 3/10/2006