Exactly - great answer, Karen. I got permission a long time ago. Recently, a new publisher came on board for our local newspaper. Then a copyright notice appeared on the obituaries. So, I called the new publisher and had a nice visit and he told me to keep on going (we transcribe all the current obituaries into our cemetery database). I pointed out to him that this does keep people from bothering the newspaper for copies. We also wait a while before adding the most recent obituaries to the database so that we don't give people a reason not to subscribe to the newspaper. He thanked me for both and we hung up and went about our business. So, rather than agonizing over what is okay and what isn't, call your local newspaper(s) and ask. Betsy At 09:27 AM 5/3/2012, you wrote: >Good morning Matthew, >We have over 32,000 obits online. I contacted the newspapers for >permission to use them. In every instance I was told "Sure, go ahead, >just cite the source." You can see them here: >http://www.kmitch.com/Pueblo/obits/obitindex.html >So the key is to cite the newspaper they came out of, and you won't have >a problem. >Karen > >-----Original Message----- >From: state-coord-bounces@rootsweb.com >[mailto:state-coord-bounces@rootsweb.com] On Behalf Of Matthew D. Friend >Sent: Thursday, May 03, 2012 7:51 AM >To: state-coord@rootsweb.com >Subject: Re: [STATE-COORD] Question abt Copyrights on Newspaper >Clippings > > >So ... then she can have copies but it is okay to scan them just to >share >to others on the internet via email or archival? I am under the >impression >that she can't scan them al all for any thing. This is getting confusing >and way to complex for a simple task of sharing with others since this >is >only an obituary being shared with others. > >Then I am assuming that every person that submitted to the USGenWeb >Archive >Project is infringing upon the copyright by scanning it and submitting >them >to the Archive on the internet. > >Matt > >On Thu, May 3, 2012 at 7:54 AM, Pat Asher <swsc.ccrep@att.net> wrote: > > > At 12:34 AM 5/3/2012, Matthew D. Friend wrote: > > >I have a question for you folks! I never heard of this before in all >the > > >years I been doing genealogy while scanning things to be in >electronic > > >format for my own personal resource library. Why would someone state >such > > >thing. Any ideas or thoughts on this? > > > > > >"Recently, I received newspaper clippings from a woman in California >who > > >belongs to a Genealogy society. She sent me obituaries and death >notices > > of > > >Idahoans who died either in CA or had CA connections. Some were from >the > > >following : Boise, Blackfoot, Roy, Montpelier, and Oakley, Idaho. I >was > > >told that to scan these newspaper clippings might go against >copyright > > laws. > > > > > > I assume she is just following the law regarding > > reproductions by libraries and archives > > > > "Title 17, Chapter 1, Section 108: > > (a) Except as otherwise provided in this title > > and notwithstanding the provisions of section > > 106, it is not an infringement of copyright for a > > library or archives, or any of its employees > > acting within the scope of their employment, to > > reproduce no more than one copy or phonorecord of > > a work, except as provided in subsections (b) and > > (c), or to distribute such copy or phonorecord, > > under the conditions specified by this section, if- > > (1) the reproduction or distribution is made > > without any purpose of direct or indirect commercial advantage; > > (2) the collections of the library or archives > > are (i) open to the public, or (ii) > > available not only to researchers affiliated with > > the library or archives or with > > the institution of which it is a part, but also to other persons doing > > research > > in a specialized field; and > > (3) the reproduction or distribution of the work > > includes a notice of copyright that appears on > > the copy or phonorecord that is reproduced under > > the provisions of this section, or > > > > **includes a legend stating that the work may be > > protected by copyright if no such notice can be > > found on the copy or phonorecord that is > > reproduced under the provisions of this section.**" > > > > Note the notice does not say the work *is* > > copyrighted -- just that it *may* be > > copyrighted. The archive (in this case, the > > genealogical society), is not qualified to opine > > on the copyright status of the material that is > > copied, but they are required to serve notice of that possibility > > > > > > Pat Asher. > > > > > > > > > > ------------------------------- > > To unsubscribe from the list, please send an email to > > STATE-COORD-request@rootsweb.com with the word 'unsubscribe' without >the > > quotes in the subject and the body of the message > > > > > >-- >*Matthew D. Friend* >Conway, Arkansas >Facebook: http://www.facebook.com/MatthewDFriend >Twitter: @matthewdfriend > >------------------------------- >To unsubscribe from the list, please send an email to >STATE-COORD-request@rootsweb.com with the word 'unsubscribe' without the >quotes in the subject and the body of the message > > > > >------------------------------- >To unsubscribe from the list, please send an email to >STATE-COORD-request@rootsweb.com with the word 'unsubscribe' without >the quotes in the subject and the body of the message