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.

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

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

The easiest way to solve the problem is have them "abstract" the data (names/dates) instead of copying directly every word. Debra -----Original Message----- From: state-coord-bounces@rootsweb.com [mailto:state-coord-bounces@rootsweb.com] On Behalf Of Matthew D. Friend Sent: 03 May 2012 14:51 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