Copyright and Fair Use - PowerPoint Presentation

Slide1

Copyright and Fair Use

For Genealogists, Authors, Lecturers, andHobbyistsUsing TMG database

© 2013 Catherine K. Wilson All Rights Reserved. For

RUG member use only

. No other permissions granted.Slide2

Topics Covered in Lecture 1

A bit of copyright historyCopyright Law in US todayWhat does it meanInternational Copyright LawsExamplesSlide3

First Copyright Law 1710Slide4

Earliest Copyright Law 1790

Image from wikimedia.orgSlide5

Copyright Law of the United States

and Related Laws Contained in Title 17 of the United States CodeThe complete text of the U.S. Copyright Law, Dec 2011 in PDF format.http://

www.copyright.gov/title17/ Slide6

Copyright Law of US §102(a)

“Copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Slide7

What does this me for ME

Internet search did not reveal the copyright owner. Copied without permission. Slide8

Copyright is Personal Property

You own the copyright to your original work at the moment it goes from an idea to a tangible form. Slide9

You own the copyright for work you created for yourself or a client

Photo by Christina Martin. Old Bones Genealogy, LLC.Slide10

Do I need to register my copyright?

Found on Dear Rich:

Nolo’s Intellectual property blog. Copied without permission .Slide11

How Long Does a Copyright Last?Slide12

Sonny Bono Copyright Term Extension Act of 1998

For works created after 1 Jan 1978, it lasts for the life of the author plus 70 years.Anonymous, pseudonymous and works for hire copyright lasts 95 years from the date of first publication.Works not published or registered before 1 Jan 1978; life of author plus 70 years.Pre- 1978 original copyright term plus 95 years from

first copyright.Slide13

No, You Do Not Need a Copyright Notice

It is useful if you want to protect your work in court because it makes the claim of ignorance much harder to prove.If your work has monetary value you may also want to register it with the copyright office. This also helps in the event of a law suit.Slide14

Standard Copyright Format

The word “Copyright” or the symbol ©Followed by the year the material was first publishedName of the person or organization that holds the copyrightAccepted examples: © 2013 Catherine K. Wilson

Copyright 2013 Catherine K. WilsonSlide15
Slide16

Should I Register My Copyright

It DependsThe copyright must be legally registered before you can bring a law suit to defend it.Creates a presumption that your copyright is valid and allows up to $150,000 (and possibly lawyer fees) without having to prove any actual harm.Slide17

Copyright Law of US §102 (b)

“In no case does copyright protection for an original work of authorship extend to any idea..., regardless of the form in which it is described….”Slide18

Copyright belongs to www/libweb.surrey.ac.uk. Used without permission.Slide19

What is Public Domain

Works whose intellectual property rights have expired, been forfeited, or not applicable.Works of the U.S. Government are in the public domain.Works created before 1923 in the U.S. are in the Public Domain.Slide20

Http://onlinebooks.library.upenn.edu/okbooks.html

Excellent web site about how to get permission from copyright holder,

Find books in the public domain, Copyright and public domain of other countriesSlide21

Using Government Records in Genealogy Research

Copyright protection is not available for any work of the US Government. (Title 17 U.S.C., Section 105).You may produce material freely as you see fitThe government politely asks that you cite the source properly. Slide22

What about Transcripts and Indexes?

“original works of authorship” are covered by copyright.Works are granted copyright by creative authorship or arrangements.Transcripts and Indexes, at best, are partially covered by copyright.Slide23

http://www.self-publishing-coach.com/copyright-on-the-internet.htmlSlide24

Copyright laws apply equally on the Internet as they do elsewhere. Slide25

Copyright and Genealogy

Basic facts about ancestors (name, dates and place, marriage partner) are not copyrightedNarration of the facts IS covered by copyrightIf you copy another persons creative work, that is copyright violation.By submitting a GEDCOM you implicitly agree to allow your information to be published.Slide26

Fair Use

There is no law that entitles a user to use another persons copyrighted materialFor purposes of criticism, comment, news reporting, teaching, scholarship or research, you are allowed to use portions of copyrighted works.Slide27

Catherine’s Rules

Assume everything is copyrighted until proved otherwise.When in doubt, research and/or ask.Cite your sources. Evidence Explained by Elizabeth Shown Mills is a must have for a genealogists personal library.Don’t believe everything you hear about copyright and fair use. Slide28

Disclaimer

The author of this Power Point presentation is not a lawyer and the material in this presentation is not legal advice.There is no intent to give legal advice.If you need legal advice you need to seek a qualified attorney.Everyone is encouraged to educate themselves about copyright and fair use.Slide29

Trademarks

Trademarks not officially registered are marked with the trademark symbolRegistered TrademarkExample:The Master Genealogist

GenBridgeSlide30
Slide31

CG and Certified Genealogist are service marks of the Board for Certification of Genealogists, used under license by board

certificants

after periodic competency evaluation, and the board name is registered in the US Patent & Trademark Office.