Hi all, Fair Use To ease the conflict between scholarly growth and the copyright owner's rights, the law includes a right of "fair use" which allows limited copying without consent. The limits of fair use are not well defined, intentionally left so by Congress. Fair use is very applicable to scholarship and research, both of which are very important attributes of genealogy. Fair use is a privilege that is also a source of confusion. The statute is ambiguous, fair use depending on each case's circumstances. Four factors are considered: Purpose of the use, including non-profit educational use Nature of the copyrighted work Amount of copying Effect of the copying on the potential market for, or value of, the original work Most universities and libraries have fair use policies for activities such as copying materials for research or for classes. Few guidelines exist for use of materials in publications that are "scholarly" in nature. Legal challenges to the fair use of materials in such works is not often seen in court. The costs of litigation and attorney fees make that prohibitive. SOMETHING ELSE TO CONSIDER is whether or not a work is actually copyrighted. Some material that is assumed to be copyrighted may actually be public domain: The reference I used for the following information is "The Copyright Handbook - How to Protect and Use Written Works" by Attorney Stephen Fishman, Copyright 2000. Some U.S. works between 1923 and 1989 never were copyrighted. Works published in the United States before March 1, 1989, without a valid copyright notice automatically entered the public domain. Works published in the United States before January 1, 1978, entered the public domain if not registered with the copyright office, even if it had a proper copyright notice. Works published in the U.S. or a foreign country before January 1, 1964, entered the public domain if the copyright was never renewed by filing a renewal application during the 28th year after publication. The Copyright Office estimates that only about 15 percent of those works from before 1964 were actually renewed. Most of those that were renewed were renewed because they continued to have some sort of economic value. Copyright duration: works created after 1977 by individuals - life of the author plus 70 years works for hire - 95 years from publication or 120 years from creation, whichever occurs first works created, published, and properly copyrighted from 1923 to 1963 - 95 years from the date of publication if they were properly renewed works created, published, and properly copyrighted from 1963 to 1977 - 95 years whether renewed or not works created, before 1978, but not published - at least until December 31, 2002, and often much longer Mike Goad http://www.cswnet.com/~sbooks/genealogy/copyright/copyright.htm At 06:23 PM 3/11/01 -0800, Michael Allison wrote: >I wonder if someone might be willing to help me out. I'm a manager of a >county genealogy e-mail list, but not the typical list such as you find on >Rootsweb. This is an incredibly busy group with a variety of member >service and resources. Since we were founded in January of 2000, we've >already posted almost 19,000 message to the list (a lot of mail and a lot >of data). In this very active group we have large attached files coming >over the list, as well as a members' only website with downloadable files >and historical photos shared with other members. There is an amazing level >of information shared within the group. And of course there is increased >potential for problems with copyright issues. > >Recently we've been raising awareness of copyright issues. Several members >have asked for a simple, clear-cut, lay explanation of "fair use" to use >as a general rule of thumb. While I do understand some of this, I don't >feel equipped to attempt to explain it. Nor can I find the right words to >explain it. > >Would one of you with strong working knowledge of fair use be willing to >offer me a simple, brief paragraph or two that I could share with the >members of that list. I would sincerely appreciate any help I can get. > >Sincere thanks if anyone can help with this! >Michael Allison > > >==== COPYRIGHT Mailing List ==== >Check out the new communities at RootsWeb >http://www.communities.rootsweb.com/ > >============================== >The easiest way to stay in touch with your family and friends! >http://www.myfamily.com/banner.asp?ID=RWLIST1

Thanks, Mike, for your response and help. Michael Allison ----- Original Message ----- From: Mike and Karen Goad <[email protected]> To: <[email protected]> Sent: Sunday, March 11, 2001 8:08 PM Subject: Re: FAIR USE???