In a message dated 3/9/2006 2:49:45 PM Eastern Standard Time, sarabtarpley@gmail.com writes: HeritageQuest has posted images of books that are now in the public domain. However, the HeritageQuest user agreement says that you cannot republish [or even share, as far as I can tell] materials that you find on HeritageQuest. I am somewhat confused by this. If I were to find one of these books in my local library, I would certainly feel free to put excerpts on my Web site and wouldn't necessarily know about HeritageQuest's copyright. I understand that they can own the images, but can they also own a photocopy made directly from the book or my typewritten transcription from either the book or their image? If HeritageQuest can indeed restrict the reproduction of these books or pages thereof, does it fall within fair use to post on a personal Web site a single article from a book that contains numerous articles? Sara Binkley Tarpley Sara- It is NOT fair use and is NOT a copyright issue at all, AND the images of public domain material can't be copyrighted either...what you have in this instance is a LICENSING agreement--a contract you agreed to when subscribing to HQ. So copyright and fair use play no role here. Joan

I think it may be an issue of that they own the images on their site. You can still use the original book if there is no copyright but you can't use their images of the book. Am I wrong? Joyce Gaston Reece ----- Original Message ----- From: <JYoung6180@aol.com> To: <COPYRIGHT-L@rootsweb.com> Sent: Thursday, March 09, 2006 2:55 PM Subject: Re: [COPYRIGHT] HeritageQuest Images > > In a message dated 3/9/2006 2:49:45 PM Eastern Standard Time, > sarabtarpley@gmail.com writes: > > HeritageQuest has posted images of books that are now in the public > domain. > However, the HeritageQuest user agreement says that you cannot republish > [or > even share, as far as I can tell] materials that you find on > HeritageQuest. > I am somewhat confused by this. If I were to find one of these books > in > my local library, I would certainly feel free to put excerpts on my Web > site > and wouldn't necessarily know about HeritageQuest's copyright. I > understand > that they can own the images, but can they also own a photocopy made > directly from the book or my typewritten transcription from either the > book > or their image? > > If HeritageQuest can indeed restrict the reproduction of these books or > pages thereof, does it fall within fair use to post on a personal Web > site a > single article from a book that contains numerous articles? > > Sara Binkley Tarpley > > > > Sara- > > It is NOT fair use and is NOT a copyright issue at all, AND the images of > public domain material can't be copyrighted either...what you have in this > instance is a LICENSING agreement--a contract you agreed to when > subscribing to > HQ. So copyright and fair use play no role here. > > Joan > > > ==== COPYRIGHT Mailing List ==== > RootsWeb's mailing lists are filtered and attachments are removed. A virus > that is distributed as an attachment will not reach you through a RootsWeb > mailing list. For further information about Viruses, Trojans, Worms etc., > go please to: http://helpdesk.rootsweb.com/virus.html. Think to keep your > Anti-Virus up-to-date! > > ============================== > New! Family Tree Maker 2005. Build your tree and search for your ancestors > at the same time. Share your tree with family and friends. Learn more: > http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&targetid=5429 > > > > -- > No virus found in this incoming message. > Checked by AVG Free Edition. > Version: 7.1.375 / Virus Database: 268.2.1/278 - Release Date: 3/9/2006 > >