Nothing at all, Pat. If someone shows a copyright on compiled public records such as you described, the copyright would apply only to the format and the way in which the data was presented, not the actual data is not copyrighted. I personally have spent many hours at my county Court House compiling marriage records, deeds, pension applications, and I claim copyright on my format; however, anyone else is free to go to the CH and do the same--they may come up with a better format. As far as using the data in copyrighted public record compilations, no problem! It would be, however, a copyright violation if someone downloaded the entire file or zeroxed a copy and posted it in a public place, such as a web page. Now we have a format violation. I'm no expert on copyright, and if anything I have stated above is in error, feel free to sound off at me. Bennie [email protected] wrote: > > Hi List > > I have noted that a number of people who have typed up Records from the > Vital Records Dept. in various area's (Such as Marriage, Births, Deaths, > etc..) note that they have a copyright on them. > > Please explain to me how Public Records can be copyrighted by a person and > what would prevent anyone else from using them or going to the Courthouse > copying and than typing up the same? > > Thank you > Pat > > > ==== COPYRIGHT Mailing List ==== > Threaded archives at > http://archiver.rootsweb.com/COPYRIGHT-L/ > > ============================== > Search over 600 million names at Ancestry.com! > http://www.ancestry.com/search

Hi all, Compiling information and formatting the compilation doesn't automatically qualify a work for copyright protection. I have the following on a web-page concerning this issue: What is Required for a Compilation to be Eligible for Copyright? http://www.cswnet.com/~sbooks/genealogy/copyright/Compile/compile.htm The law identifies three distinct elements, all of which must be met for a work to qualify as a copyrightable compilation: 1.the collection and assembly of pre-existing material, facts, or data; 2.the selection, coordination, or arrangement of those materials; and 3.the creation, by virtue of the particular selection, coordination, or arrangement of an original work of authorship. Collection and assembling facts and information isn't enough. Compilations, just as any other work, may only be copyrighted if the originality requirement, "an original work of authorship," is met. "The point was emphasized with regard to compilations to ensure that courts would not repeat the mistake of the 'sweat of the brow' courts by concluding that fact-based works are treated differently and measured by some other standard." The Congressional goal was to " 'make plain that the criteria of copyrightable subject matter... apply with full force to works... containing preexisting material.'" The Supreme Court, in reviewing the law, has concluded "that the statute envisions that there will be some fact-based works in which the selection, coordination, and arrangement are not sufficiently original to trigger copyright protection" in any way at all. The originality requirement is not very stringent. In fact, the selection or arrangement methods that others have used may unknowingly be used; "novelty is not required." For the originality requirement, the author needs only to make the arrangement or selection independently, without copying the selection or arrangement from another work, and it must display some minimal level of creativity. While most factual compilations will pass this test, there will be a small number of works "in which the creative spark is utterly lacking or so trivial as to be virtually nonexistent." Originality may occur in the selection of the material to be included in a compilation. If it is truly original, the selection may be a part of the protected portion of a compilation. On the other hand, if the selection of the material is made through the use of formulas, procedures, or other non-original techniques, protection of the selection is not likely. Such acts of selection "are not acts of authorship, but techniques for the discovery of facts." A copyrightable compilation enjoys only limited protection. The copyright only covers the "author's original contribution -- not the facts or information conveyed." "One of the most important points here is one that is commonly misunderstood today: copyright... has no effect one way or the other on the copyright or public domain status of the preexisting material."1 Note: The copyright law "states that the term 'compilation' includes collective works." (From my copyright website) Mikle Goad At 09:34 AM 11/1/00 -0600, Bennie White wrote: >Nothing at all, Pat. If someone shows a copyright on compiled public >records such as you described, the copyright would apply only to the >format and the way in which the data was presented, not the actual >data is not copyrighted. I personally have spent many hours at my >county Court House compiling marriage records, deeds, pension >applications, and I claim copyright on my format; however, anyone else >is free to go to the CH and do the same--they may come up with a >better format. > >As far as using the data in copyrighted public record compilations, >no problem! It would be, however, a copyright violation if someone >downloaded the entire file or zeroxed a copy and posted it in a public >place, such as a web page. Now we have a format violation. > >I'm no expert on copyright, and if anything I have stated above is >in error, feel free to sound off at me. > >Bennie