Very well said, Ken. So glad we have you to clarify things for us ! Cheers, Mary -------------------------------------------------- From: "Ken Baker" <ken.bergoje@belgacom.net> Sent: Sunday, April 13, 2014 5:53 AM To: "'new-zealand'" <NEW-ZEALAND@rootsweb.com> Subject: Re: [nz] nz] Church Register cards from Christchurch City Library -please read this > This whole episode is bizarre and shows every sign of someone at the > library overstepping the mark. The records are in the public domain and > cannot be copyright since among other things, they (the records) are well > past the cut-off date. It is possible that the library could claim that > they have copyright on the TRANSCRIPTS (as someone's original work of > interpretation) onto the cards but it doesn't appear they are making such > a > claim. Further, the library position is undermined because the further > transcribed information is not being used for commercial purposes. > > This whole area is a complete nightmare with many false arguments being > made > about BDM data. This all became apparent when the previous government put > in place the new rules for access to BDM data and which is a mess (what > else > would you expect from politicians?). The recent law has been accepted as > is, mainly because there has been no jurisdiction in the courts. Having > put > much of the information in the public domain over many years, the > government > of the day tried to claim it all back retrospectively - something which > was > never going to work, but for arguments sake, satisfied the political need > of > the day which was the need to somehow address identity theft. Further not > only did the government not own the original data which it is forbidden to > publish within certain guidelines (the information belongs to the person > providing it), the same information and much more is often published in > the > newspapers of the day. And we all know that most identity theft in modern > times arises from social media. > > So in conclusion, the only way for the library to follow through on their > claim is to bring a test legal case - which they would almost certainly > never do. It would be a civil case, extremely costly, and would amount to > using rate-payers money to try and establish a position and for which they > would be very heavily criticised for wasting funds. Further, they would > need a whole bunch of others to help defend their position including the > churches and that is unlikely to be the case as well. > > So one has to conclude, carry on. > > > -----Original Message----- > From: new-zealand-bounces@rootsweb.com > [mailto:new-zealand-bounces@rootsweb.com] On Behalf Of J.M.de Montalk > Sent: 12 April 2014 00:37 > To: Olwyn Whitehouse; new-zealand > Subject: Re: [nz] nz] Church Register cards from Christchurch City > Library - > please read this > > In this instance the original material can't be under copyright as it's > public records, but the transcriptions of them may come under copyright. > As > I said, it's probably a good idea to get expert advice and then go from > there. > > Jeanette > >> Hello Beverley, >> It is the format that is copyrighted not the data. They can copyright >> the images but you have transcribed the data. Keep it out there. >> http://www.iponz.govt.nz/cms/copyright >> If you delete that information from your site some of the pages are on >> wayback. >> If you have to take your pages down place all of them out on the >> wayback machine. Some of your pages are already out there. >> >> Wayback >> http://archive.org/web/ >> >> This page is available on the web! >> Help make the Wayback Machine more complete! >> Save this url in the Wayback Machine >> >> http://web.archive.org/web/20081025025944/http://homepages.ihug.co.nz/ >> ~ashleigh/Library.BMDs.htmlhttp://web.archive.org/web/20140411130222/h >> ttp://homepages.ihug.co.nz/~ashleigh/Library.BMDs/AIREY.AIRAY.BMD.Chri >> stchurch.City.Library.html >> http://web.archive.org/web/20130717194913/http://homepages.ihug.co.nz/ >> ~ashleigh/Library.BMDs/FITZSIMMONS.FITZSIMONS.Chch.Library.BMD.html >> http://web.archive.org/web/20140411130418/http://homepages.ihug.co.nz/ >> ~ashleigh/Library.BMDs/FFITCH.FITCH.Christchurch.Library.BMD.html >> http://web.archive.org/web/20140411130504/http://homepages.ihug.co.nz/ >> ~ashleigh/Library.BMDs/MORAN.Christchurch.City.Library.BMD.html >> http://web.archive.org/web/20140411130559/http://homepages.ihug.co.nz/ >> ~ashleigh/Library.BMDs/Odd.Surnames.Christchurch.City.Library.BMD.html >> http://web.archive.org/web/20130526120849/http://homepages.ihug.co.nz/ >> ~ashleigh/Library.BMDs/PARKIN.PARKINS.Christchurch.Library.BMD.html >> >> >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs.html >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs/AIREY.AIRAY.BMD.Chr >> istchurch.City.Library.html >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs/FITZSIMMONS.FITZSIM >> ONS.Chch.Library.BMD.html >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs/FFITCH.FITCH.Christ >> church.Library.BMD.html >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs/MORAN.Christchurch. >> City.Library.BMD.html >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs/Odd.Surnames.Christ >> church.City.Library.BMD.html >> http://homepages.ihug.co.nz/~ashleigh/Library.BMDs/PARKIN.PARKINS.Chri >> stchurch.Library.BMD.html >> >> >> >> >> From: Beverley <bevevans@ihug.co.nz> >> Subject: [nz] Church Register cards from Christchurch City Library - >> please read this >> Date: Thu, 10 Apr 2014 21:35:26 -0700 >> >> Hello All >> I was in the library today and I have been asked to no longer publish >> any of the Church Register card information on my web site. >> I have been informed the library do not own the intellectual property >> rights to the Church register cards and as a consequence I have been >> asked to remove this information from my web site. >> >> Beverley Evans >> Christchurch NZ >> >> >> -- >> Beverley Evans >> http://homepages.ihug.co.nz/~ashleigh/ >> transcriber of old newspapers >> >> >> The List Guidelines >> >> http://new-zealand-l.blogspot.com/ >> >> ------------------------------- >> To unsubscribe from the list, please send an email to >> NEW-ZEALAND-request@rootsweb.com with the word 'unsubscribe' without >> the quotes in the subject and the body of the message >> > > > > The List Guidelines > > http://new-zealand-l.blogspot.com/ > > ------------------------------- > To unsubscribe from the list, please send an email to > NEW-ZEALAND-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message > > > > The List Guidelines > > http://new-zealand-l.blogspot.com/ > > ------------------------------- > To unsubscribe from the list, please send an email to > NEW-ZEALAND-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message >