In a message dated 3/10/2006 2:11:50 PM Eastern Standard Time, sarabtarpley@gmail.com writes: *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.* It doesn't seem to me that they are saying you can't transcribe the DATA from the census images or that you can't rewrite the data as your own transcription. I believe what they are saying is that you can't copy their database and sell it or republish it on the Internet and/or take whole chunks from their database and give it to others. They don't seem to be limiting your own use and I don't feel they would object to looking up a specific entry for another person. They just don't want their entire database or large parts of it "stolen." Joan

I know this argument goes on and on but you really have to think about what is fair, not what you wish was fair because it benefits you. Since they produced the images on the net they do have a copyright. I am in the process of transcribing the mortality schedules for a couple of counties. I WILL NOT use Ancestry or any information posted on the internet, nor will I use the book which has been published. I will only use the microfilm of the original documents or the originals located at the state archives. I consider all work which has been produced by the efforts and cost of someone else copyrighted. These transcriptions will require lots more work but I don't believe in taking advantage of work someone else spent their time and money producing. It just isn't fair or ethical to use the efforts of someone else. Kathy ----- Original Message ----- From: JYoung6180@aol.com To: COPYRIGHT-L@rootsweb.com Sent: Friday, March 10, 2006 2:37 PM Subject: Re: [COPYRIGHT] HeritageQuest Images In a message dated 3/10/2006 2:11:50 PM Eastern Standard Time, sarabtarpley@gmail.com writes: *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.* It doesn't seem to me that they are saying you can't transcribe the DATA from the census images or that you can't rewrite the data as your own transcription. I believe what they are saying is that you can't copy their database and sell it or republish it on the Internet and/or take whole chunks from their database and give it to others. They don't seem to be limiting your own use and I don't feel they would object to looking up a specific entry for another person. They just don't want their entire database or large parts of it "stolen." 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 Family and Local Histories for stories about your family and the areas they lived. Over 85 million names added in the last 12 months. Learn more: http://www.ancestry.com/s13966/rd.ashx