Hi, There are a couple of issues here. First, facts cannot be copyrighted. If all that is be used is names and dates, then there is no concern about copyright infringement. Also, the copyrighted material must have originality. In other words the copyright can only apply to that text and ideas that are created by the author or compiler. See http://www.cswnet.com/~sbooks/genealogy/copyright/Because/because.htm . The material that he wants to use is only a small amount from the lineage books. That should fall under the "fair use principle." There is no strict guidance on the amount of material that can be copied under fair use. Courts determine whether or not the copying is fair use or copyright infringement by weighing four factors: 1) Purpose of the use, including non-profit educational use 2) Nature of the copyrighted work 3) Amount of copying 4) Effect of the copying on the potential market for, or value of, the original work See http://www.cswnet.com/~sbooks/genealogy/copyright/Fair/fair.htm Mike Goad Main index page for copyright site: http://www.cswnet.com/~sbooks/genealogy/copyright/copyright.htm At 09:40 PM 9/6/00 -0400, [email protected] wrote: >I need a piece of advice from you. > >I am a listowner of several mailing lists. A >member would like to post to one of my mailing >lists a summary of some DAR entries with original >names and vital dates retrieved from the www. >Ancestry.Com's List All Databases ("Daughters >of the American Revolution Lineage Books, 152 >Volumes") at www.Ancestry.Com. He thinks that >it would be without a problem of copyright. > >Please kindly advise. > >Thanks much. >Jean > > > > >. I checked this morning and there are 27 entries in the file, in >various parts of the colonies for various Courtrights, haha. I can copy >the >data this weekend and put it in a file for you ladies if you want and if >you >don't post it in its entirety. Perhaps a summary could be made of the >file >numbers and the originals names and then posted to the Courtright list >page. >I think we could probably do that without a problem of copyright, its up >to >you guys.Later Chas. > > >==== COPYRIGHT Mailing List ==== >Threaded archives at >http://archiver.rootsweb.com/COPYRIGHT-L/ > >============================== >Personalized Mailing Lists: never miss a connection again. >http://pml.rootsweb.com/ >Brought to you by RootsWeb.com.

Even though the material may be out of copyright, use of material from the Ancestry.com site would be governed by its terms of use. At <http://www.ancestry.com/legal/terms.htm> I found the following: > The download of the whole or significant portions of any work or > database is prohibited. <snip> Online or other republication of Content > is prohibited except as unique data elements which are part of a unique > family history or genealogy. So it sounds to me that while posting material from the DAR books might not be a copyright violation, it would be a violation of the license terms of the Ancestry site. The question for you, I suppose, is whether you as a listowner could be found guilty of contributory infringement of the license terms, or if only the person who posted the message could be found at fault. After all, you have never agreed to those license terms. Comments, anyone? Peter Hirtle [email protected] >At 05:55 AM 9/7/00 -0500, Mike Goad wrote: >Hi, > >There are a couple of issues here. > >First, facts cannot be copyrighted. If all that is be used is names and >dates, then there is no concern about copyright infringement. Also, the >copyrighted material must have originality. In other words the copyright >can only apply to that text and ideas that are created by the author or >compiler. See >http://www.cswnet.com/~sbooks/genealogy/copyright/Because/because.htm . > >The material that he wants to use is only a small amount from the lineage >books. That should fall under the "fair use principle." There is no >strict guidance on the amount of material that can be copied under fair >use. Courts determine whether or not the copying is fair use or copyright >infringement by weighing four factors: > 1) Purpose of the use, including non-profit educational use > 2) Nature of the copyrighted work > 3) Amount of copying > 4) Effect of the copying on the potential market for, or value of, the > original work >See http://www.cswnet.com/~sbooks/genealogy/copyright/Fair/fair.htm > >Mike Goad >Main index page for copyright site: >http://www.cswnet.com/~sbooks/genealogy/copyright/copyright.htm > > > >At 09:40 PM 9/6/00 -0400, [email protected] wrote: >>I need a piece of advice from you. >> >>I am a listowner of several mailing lists. A >>member would like to post to one of my mailing >>lists a summary of some DAR entries with original >>names and vital dates retrieved from the www. >>Ancestry.Com's List All Databases ("Daughters >>of the American Revolution Lineage Books, 152 >>Volumes") at www.Ancestry.Com. He thinks that >>it would be without a problem of copyright. >> >>Please kindly advise. >> >>Thanks much. >>Jean >> >> >> >> >>. I checked this morning and there are 27 entries in the file, in >>various parts of the colonies for various Courtrights, haha. I can copy >>the >>data this weekend and put it in a file for you ladies if you want and if >>you >>don't post it in its entirety. Perhaps a summary could be made of the >>file >>numbers and the originals names and then posted to the Courtright list >>page. >>I think we could probably do that without a problem of copyright, its up >>to >>you guys.Later Chas. >> >> >>==== COPYRIGHT Mailing List ==== >>Threaded archives at >>http://archiver.rootsweb.com/COPYRIGHT-L/ >> >>============================== >>Personalized Mailing Lists: never miss a connection again. >>http://pml.rootsweb.com/ >>Brought to you by RootsWeb.com. > > >==== COPYRIGHT Mailing List ==== >Check out the new communities at RootsWeb >http://www.communities.rootsweb.com/ > >============================== >Join the RootsWeb WorldConnect Project: >Linking the world, one GEDCOM at a time. >http://worldconnect.rootsweb.com/