Since we are a part of the USGENWEB project these questions and the decision IMHO should be answered on the National Level. ARTICLE X. COPYRIGHT Section 1. In The USGenWeb Project, copyright of websites resides solely with the creator of the web page(s). Their inclusion as part of The USGenWeb Project does not give any irrevocable right, implied or otherwise, to The USGenWeb Project to permanently use the material. Section 2. In The USGenWeb Project, copyright to queries and any other data submitted to any state or local websites resides with the submitter. The submission of queries and other data to The USGenWeb Project implies that The USGenWeb Project may continue to post the material until/if such time the submitter requests removal. Section 3. In The USGenWeb Project, copyright to data contributed to any special projects resides with the contributor, who agrees that The USGenWeb Project, as a not-for-profit group, has permanent use of the data. The permanent use agreement is conditional upon the non-profit nature of The USGenWeb Project and will become null and void if The USGenWeb Project should ever cease to be non-profit. Section 4. All members of The USGenWeb Project shall be responsible for adhering to The USGenWeb Project's Official Copyright Policy which may be found, along with further information about copyright, at The USGenWeb Project national website, http://www.usgenweb.org/volunteers/copyright.html. http://www.patents.com/patents.htm#compare-design It is not inconsistent to seek both copyright and design patent protection, depending on the nature of what is being protected. Design patent protection is, of course, available only on articles of manufacture and then only on the novel and ornamental aspects thereof. Copyright protection is available on most articles of manufacture but also on many other works. The copyright term (in the US) is 50 or 75 years, while the design patent term (in the US) is 14 years. Copyright protection is available without your even having to ask for it, although of course it is prudent to place a copyright notice on the work and to register the copyright with the copyright office. Design patent protection is available only after filing a design patent application with the Patent Office, and then only if the application is allowed by the Patent Office after examination. ***************************************** http://www.fplc.edu/tfield/copyNet.htmAuthors' Rights Registration. Although web pages and email messages are protected as soon as created, copyright registration is needed before U.S. owners can bring suit. Also, prompt registration provides remedies that make lawsuits affordable. Statutory damages of $150,000 (or more, and attorney fees) for willful infringement can be obtained if published works are registered within three months, or unpublished works are registered before they are infringed. Registration costs only $30.00, and simple application forms with basic instructions are available from the Copyright Office -- TX still appears to be the best choice. Yet, it would be prohibitively expensive for prolific authors or artists to register individual items other than in the context of existing disputes. Their options much improve when multiple works can be registered as a collection. ** Web pages. The entire contents of a web site no more require multiple registrations than a book with many chapters and numerous illustrations -- or a CD with text and music, still and animated graphics, and software. Copyright Office Circular 66 contains a brief discussion. However, the following could mislead those unfamiliar with copyright: Revisions and updates Many works transmitted online are revised or updated frequently. For individual works, however, there is no blanket registration available to cover revisions published on multiple dates. A revised version for each daily revision may be registered separately.... A separate application and $30 filing fee would be required for each.... While new text isn't covered by prior registrations, it is difficult to see why a court would allow someone to get away with copying a page of mostly registered content merely because it contains a few new sentences or other changes! ** Email. If a list owner wants to register threaded list contents, that should be possible -- particularly if copyright has been assigned by members. The main thing that seems unclear is how much time could be spanned by a single registration. Given that "prompt" registration means within three months of "publication", that period makes sense. The situation for email authors is much more ambiguous. First, group registration of several periodical contributions by a single author is possible, but combining email posts would require liberal interpretation of the term "periodical." Alternatively, email authors might register their "unpublished" collections, but that presents a different problem: Are messages to "public" lists "published" for all purposes, or might they be regarded as "unpublished" for registration purposes? Perhaps because no one has tried to register, the Copyright Office has so far posted no information. Notice. For several years, copyright notice has not been required in the U.S. Until then, however, that was not true; notice may be needed to rebut lingering notions that works published without notice can be used by others without restriction. ** Web pages. Again, web pages are simpler. Although a formal notice is not required, it is best to provide a notice such as appears at the bottom of this page. ** Email. Notice on individual email messages (if blanket notice is not provided, say, in a welcome message) may also be useful. Something as straight-forward as "Please do not forward this message without permission" should be legally adequate as well as honored by most recipients. It is hard to see any advantage to traditional notices I hope this has helped, it has helped me to understand that if I have a question it is better that I ask our National Coordinator or your attorney. Margie Daniels. RC NE Region ----- Original Message ----- From: "Crilley" <varcsix@hot.rr.com> To: <GAGEN-L@rootsweb.com> Sent: Tuesday, February 25, 2003 6:48 AM Subject: [GAGEN] copyright > I asked CAT Tindell for some more specifics regarding the actual wording of > the copyright --- and also to help me understand the complexity of "design > of page" and using graphics. Graphics and "data" seem to be two separate > items. > > She's busy with family right now --- so I'm quoting from her note until she > has the time to write herself. > > I hope others will also help to clarify as I'm trying to learn this myself: > > =====From CAT Tindall======= > > Design Copyright 2003 <Virginia Crilley, city, state> Email: <email addy> > Content Copyright 1996-2003 USGenWeb > Project <http://www.usgenweb.org>www.usgenweb.org and the individual data > submitter as noted. > > > You should also put the copyright symbol, which I can't do in this email, > right before the word "Copyright". > > *****Virginia says: I didn't know how to get the copyright symbol so I just > copied it off of CAT's page and inserted it at the bottom of the main > Marion County page. I had redesigned the front page.**** > > This way clearly shows the line drawn between the 2 copyright concepts and > that they are independent of each other. > > CC's are merely administrators of this project and volunteer to design and > keep maintained web pages about the county they volunteered to do. They do > not become the owner of the information, only the design..... > > =========CAT comments on using pages without redesigning====== > **Virginia asked: what about a page that I don't update or change?** > > Yes, you must keep Mary K's name on that military page if you keep the page > 'as is'...but do remove her referance as CC at the bottom of that page if > she's no longer the CC, instead putting her email addy. Contact info > should always be included with the copyright info at the bottom of very web > page. If you want to redo the design of this page, still including the > links that she used, then you can remove her copyright entirely. There's > no such thing as a holding a copyright on a link. > > Mary K did not use any Civil War/Military graphics on her page for you to > be concerned about..only that blue/green bar at the bottom which can stay > if you keep her name as the copyright holder. If you redo that page, > remove that graphic. > > ======CAT on using graphics========== > Credit must be given back for every graphic on a page if a designer did not > pay for that graphic. > > I don't know of a single site on the internet that allows for no credit to > be given for freeware graphics. Other than adjusting the size of graphics, > no other changes can be made to freeware graphics. > ***Virginia: I have used some "generic type" graphics --- flag bars, CSA > soldiers, etc but didn't realize that I need to state the sources here as well. > > ****Virginia: Also CAT mentioned that on some of her pages she had used > graphics "with permission" --- and that these graphics are no longer > available to the public, and that no other person would be able to use > them. CAT herself could not give permission to the next CC to use those > specific graphics, and the graphic didn't belong to her. > > > Virginia Crilley > > > > ==== GAGEN Mailing List ==== > Genealogy research usually begins with our great-grandparents to preserve > the privacy of 'living persons'. If you encounter a person searching > their birth parents, the need to go to the area on the web that deals > with just this type of research. Please refer them to: > http://www.adoption.org > > --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.456 / Virus Database: 256 - Release Date: 2/18/2003