Hi all, I have three items of discussion on this topic: First: Most obits do NOT satisfy the ORIGINALITY requirement of the copyright code. The following is the text which I placed on my description/explanation pages for my GenConnect bulletin boards (which I have had almost since they became available.): Obituary board copyright requirements. Most obituaries are written from a template which compiles facts into a standard format. Such obituaries do not meet the standard of originality required by copyright law and may be posted to the board. Lengthy obituaries, such as those prepared for notable individuals, may satisfy the standard of originality and should not be posted if there is any doubt. http://www.rootsweb.com/~mikegoad/b-boards.htm The US copyright code says: TITLE 17 - COPYRIGHTS CHAPTER 1 - SUBJECT MATTER AND SCOPE OF COPYRIGHT Sec. 102. Subject matter of copyright: In general (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. Any template that is used for writing an obituary is in essence a procedure or process which, by the code, eliminates copyright protection for it. Second: Even if the obit were original enough to be protected by the copyright code, the facts and information clothed by the obit are not copyright protected and may be used. What I have done in the past where an individual was concerned about copyright issues was to re-write the obituary as a series of statements of fact. The following is an example that I used: The following obit abstract is from the November 3, 2000 edition of the Russellville, Arkansas Courier. I have eliminated all but the facts. What is left is in no way, shape, or form copyright infringement, because facts cannot be copyrighted. Ruby Rogers Died - Tuesday, October 31, 2000, Calvert City Convalescent Home Residence - Calvert City, Kentucky - formerly lived in Russellville, Arkansas Occupation - retired Montgomery Wards sales clerk Parents: Foster C. and Mary Jettie Bearden Thomas Spouse: Ulus M. Rogers (deceased) Religion: Church of Christ Children: E. Claud Rogers (deceased), Erma Jean Rogers (deceased), Kathy Rogers (deceased), Darrell E. Rogers (residence - West Memphis, Arkansas), Margaret E. Binkley (residence - Calvert City) Siblings: Thelma Earls (residence - Ft. Smith) Other relatives: six grandchildren, eight great-grandchildren, two great-great-grandchildren Services: 10 a.m. Saturday, November 04, Bee Branch Cemetery. Funeral Home: Roller-McNutt Funeral Service, Conway, Arkansas. Reception: 6 to 8 p.m., Friday at funeral home. If you don't feel comfortable about them posting the obit as written, I would suggest that you have them abstract it. Please feel free to use my example, because, after all, it is NOT copyright protected since it is nothing but facts. Third: Even if a obit in a newspaper satisfied the originality requirements of copyright law, the fair use aspect of copyright law should allow publishing of the obits on a surname bulletin board. (I doubt the same could be said for a county obit board.) The amount of copying from a the total publication of the newspaper is infinitesimal when you consider it over a whole year and the effect of the copying on the value of the paper is meaningless. From my web page on copyright: Fair use is a priviledge that is also a source of confusion. The statute is ambiguous, fair use depending on each case's circumstances. Four factors are considered: - Purpose of the use, including non-profit educational use - Nature of the copyrighted work - Amount of copying - Effect of the copying on the potential market for, or value of, the original work More information on copyright is available on my copyright pages at http://www.cswnet.com/~sbooks/genealogy/copyright/copyright.htm Mike Goad At 06:31 PM 12/25/00 -0600, you wrote: >I am wondering about a couple of posts made to my GenConnect Obituary >Boards. These posts were made by none family members from recent >obituaries, year 2000. > >Do these recent writings fall under copyright and could these posts upset >family members if they knew about them. I don't feel right about it and >wondered what the policy is. > >Sally > > >============================== >Create a FREE family website at MyFamily.com! >http://www.myfamily.com/banner.asp?ID=RWLIST2