Note: The Rootsweb Mailing Lists will be shut down on April 6, 2023. (More info)
RootsWeb.com Mailing Lists
Total: 1/1
    1. Re: reference use of newspaper articles
    2. Mike and Karen Goad
    3. Hi all, So far as using the obits as photocopies, I haven't done that so I can't answer that. However, there are a couple of other interesting issues. Yes, if it's before 1923, it's public domain. If it's after 1922, it may be public domain. If it's after 1923, the copyright protection for obits may not be as strong as for other material in the newspaper and, as well, the obit may well fall under the fair use principle of the law. Most obits are not original. Sure, the names and the narrative are somewhat tailored for the individual, but most obits look and sound the same. That''s because they are created by use of a "boiler-plate," where the information for the individual is filled into a pre-existing template. There is little or no originality to this and, above all else, originality is a requirement for copyright protection. On the other hand, if an obit is more in the form of a long narrative that departs from the standard template used by a particular newspaper, then originality, and thus copyright protection, comes more into play. Obituaries are generally a fairly small portion of a newspaper's material. For years after 1923, if one were to be reproducing all of the obits from multiple issues of a local newspaper, it would be wise to get the permission of the newspaper. However, if only the obits for one's kin are being copied, in most instances, that should fall under the fair use principle of copyright law. http://www.rootsweb.com/~mikegoad/html/copyright9.htm Finally, I doubt that most newspapers would have bothered to renew their copyrights. That means that 1923 copyrights would have lapsed after whatever the copyright time frame was at the time. I also wonder how many newspapers met the copyright requirements of actually registering with the copyright office. Under the old laws, registration was a requirement for any copyright protection, I believe. Mike Goad At 11:42 PM 2/2/00 -0700, Jennie wrote: >Hi! > >I'm a lurker and have been keeping up with the list. I know this question >is a little off topic, but the subject hit me as I was reading some posts. >I would like to include all the information I can in my final work. I >have collected lots of obituaries on most of my family members. Some are >photocopied and others are handwritten. My mom has told me (I'm a young >genealogist at 25yrs.) that the photocopies are more interesting with >their particular kind of print than if I were to type out each obit on the >computer. I would like to include as many obits as possible. The reason >why I bring this up is because not too long ago I read a lot of >discussions on another list about how you had to get permission from the >newspaper first. I don't believe a lot of the newspapers I have articles >from are still in business. > > From reading lots of discussions on copyright, am I correct to assume > that all newspaper articles dated prior to 1923 are in the public domain? > Could I copy, crop, and paste? I would say 99% of the obituaries I have > are documented with the newspaper name and date. I have always included > this information and would if I could use them. The ones that aren't well > documented (i.e. cut out articles found in a shoebox belonging to my > grandma) I label unknown paper and date. > >Has anyone on this list used photocopies of obituaries in their work? If >so, I would like to know where you include it. Before or after death date, >copies of funeral cards, probate records, etc...? > >Thanks, > >Jennie Williams > > > >==== COPYRIGHT Mailing List ==== >Freepages, that is free web pages >http://www.rootsweb.com/rootsweb/press/freepages.html > >============================== >Free Web space. ANY amount. ANY subject. >RootsWeb's Freepages put you in touch with millions. >http://cgi.rootsweb.com/cgi-bin/acctform.cgi

    02/03/2000 04:58:19