In a message dated 12/11/2005 6:26:16 P.M. Mountain Standard Time, [email protected] writes: X-Message: #1 Date: Sun, 11 Dec 2005 18:37:03 EST From: [email protected] To: [email protected] Message-ID: <[email protected]> Subject: Re: [VAROOTS] Fw: copyrights, "Fair Use", and genealogy Content-Type: text/plain; charset="US-ASCII" Paul - It's my understanding that no actual legal action has to take place for a copyright to be in effect, so any photograph taken is the property of the photographer at the instant it's taken. Same with writings - they are copyrighted to the writer when words are put to paper. If this is true, Olin Mills pictures are in fact copyrighted to them. I've had several places refuse to make copies of 'church' photos taken of my parents because they are copyrighted to those photographers. Now where did I go wrong in my understanding? Bev My brother is a photographer, a restorationist.. He always gives the negative to the person who engages (and pays for) his services.. He says he has never understood how a photographer can copyright someone's face which doesn't belong to the photographer... (He knows what the copyright law says) but he doesn't agree ... that is HIS personal opinion.. !!! Ellie

I don't think you are wrong, Bev, and I have no problem with the rights earned by such as Olin Mills at the moment they create a photo. I defer to you and to the other writers here who know of recent decisions and changes that have to do with the internet. Of this I am reasonably certain; "Fair Use" rules apply no matter who created what photos or writings or where those appeared, just as those rules have obtained for years. Problems are - as in my article - as to a "taking" how many words is too many, what uses are commercial as opposed to being critique and educational, and were the words taken at the core of the writing or of less significance. As to such substantiality, the 5 little words, "I did it my way" or "don't step on my blue suede shoes" in a new song surely hark to Sinatra or Elvis and would be fraught with copyright dangers, while many other and longer passages in those same old favorites remain forgotten or unrecognized and could be freely used. The watchwords are, as Langdon and others have said here, "Get permission or find other words or photos." Paul Drake JD Genealogist & Author <www.DrakesBooks.com> 931-484-9129 ----- Original Message ----- From: [email protected] To: [email protected] Sent: Sunday, December 11, 2005 11:14 PM Subject: [VAROOTS] Re:Copyrighting photos.. In a message dated 12/11/2005 6:26:16 P.M. Mountain Standard Time, [email protected] writes: X-Message: #1 Date: Sun, 11 Dec 2005 18:37:03 EST From: [email protected] To: [email protected] Message-ID: <[email protected]> Subject: Re: [VAROOTS] Fw: copyrights, "Fair Use", and genealogy Content-Type: text/plain; charset="US-ASCII" Paul - It's my understanding that no actual legal action has to take place for a copyright to be in effect, so any photograph taken is the property of the photographer at the instant it's taken. Same with writings - they are copyrighted to the writer when words are put to paper. If this is true, Olin Mills pictures are in fact copyrighted to them. I've had several places refuse to make copies of 'church' photos taken of my parents because they are copyrighted to those photographers. Now where did I go wrong in my understanding? Bev My brother is a photographer, a restorationist.. He always gives the negative to the person who engages (and pays for) his services.. He says he has never understood how a photographer can copyright someone's face which doesn't belong to the photographer... (He knows what the copyright law says) but he doesn't agree ... that is HIS personal opinion.. !!! Ellie ============================== Search the US Census Collection. Over 140 million records added in the last 12 months. Largest online collection in the world. Learn more: http://www.ancestry.com/s13965/rd.ashx -- No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.371 / Virus Database: 267.13.13/197 - Release Date: 12/9/2005