Author Topic: Copyright information please?  (Read 866 times)

Offline Brickwall Demolisher

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Copyright information please?
« on: Saturday 06 January 18 10:03 GMT (UK) »
Would like to be informed fully on what is classed as copyright breaching.  Regarding of what is allowed before a breach has been made. As in my case I am at present in a partially handicapped state. Are we / Am I committing breach of copyright by what we ask one another / what we find and pass on verbally, by e-mails or post.
 Instance - same mid 1850's photograph - two different sites - one has copyright protected over it, the other with no markings at all.  Am I breaching by scanning & freely supplying copies to people who have an interest on either.
 Should I just inform them of what site it's on?
Is it only an offence when money is asked for your findings, supplying of?
Does this ever come into effect on and what info. we pass on to each one of us of census / bmd regs / newspaper articles / electoral etc.
Thanking you all in advance for reading, much appreciated.

Regards Just J
Maycock LAMBETH 1700-1960's
Burcham NORFOLK ??/LAMBETH 1700 - 1960's
Wentzell CRIPPLEGATE/SOUTHWARK 1700-1960's
Sadler CAMBERWELL / LEWISHAM 1700 - 1960's
Elliott WALWORTH / 1700 -1960's
Lepine FRANCE/KENT/WALWORTH/1550's-1950's
Barnes DORSET / WALWORTH

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Offline KGarrad

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Re: Copyright information please?
« Reply #1 on: Saturday 06 January 18 10:15 GMT (UK) »
If you scroll down to the bottom of any RootsChat page, there is a link ;D
It sends you to:
http://www.rootschat.com/forum/copyright.php

Just remember that, if you do breach copyright, and legal processes get involved, it would most likely be RootsChat (i.e. Trystan & Sarah) who get into trouble rather than yourself :(
Garrad (Suffolk, Essex, Somerset), Crocker (Somerset), Vanstone (Devon, Jersey), Sims (Wiltshire), Bridger (Kent)

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Offline Gadget

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Re: Copyright information please?
« Reply #2 on: Saturday 06 January 18 10:19 GMT (UK) »
..and for general UK Copyright info, see the various sections here:

https://www.gov.uk/topic/intellectual-property/copyright


Gadget
Census &  BMD information Crown Copyright www.nationalarchives.gov.uk and GROS - www.scotlandspeople.gov.uk

Offline KGarrad

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Re: Copyright information please?
« Reply #3 on: Saturday 06 January 18 10:27 GMT (UK) »
Generally speaking, it's the images (of censuses, BMD's, Parish Registers, etc) that are copyright.
If you transcribe the information yourself (i.e. type it out), then the information itself isn't copyright ;D

1911 census is the tricky one, because it's copyright of FindMyPast. You can only pass on informatioj found on a free index/site. Such as FamilySearch.

Photographs do tend to be copyrighted; so best to just pass on a link, unless you are sure the photo is out of copyright. Just to play safe ;D

Asking for money is almost certainly against Terms and Conditions of the various websites, and is not to be encouraged.
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Offline Gadget

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Re: Copyright information please?
« Reply #4 on: Saturday 06 January 18 10:36 GMT (UK) »
If information from literary and artistic works is photocopied (in libraries, for e.g), there is a system whereby the author/owner gets paid a certain amount in royalities for each time it's copied . I had nearly £1000 in one quarter last year.

Gadget

added - this is the organisation https://www.alcs.co.uk   
Census &  BMD information Crown Copyright www.nationalarchives.gov.uk and GROS - www.scotlandspeople.gov.uk

Offline Guy Etchells

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Re: Copyright information please?
« Reply #5 on: Saturday 06 January 18 11:15 GMT (UK) »
Would like to be informed fully on what is classed as copyright breaching.  Regarding of what is allowed before a breach has been made. As in my case I am at present in a partially handicapped state. Are we / Am I committing breach of copyright by what we ask one another / what we find and pass on verbally, by e-mails or post.
 Instance - same mid 1850's photograph - two different sites - one has copyright protected over it, the other with no markings at all.  Am I breaching by scanning & freely supplying copies to people who have an interest on either.
 Should I just inform them of what site it's on?
Is it only an offence when money is asked for your findings, supplying of?
Does this ever come into effect on and what info. we pass on to each one of us of census / bmd regs / newspaper articles / electoral etc.
Thanking you all in advance for reading, much appreciated.

Regards Just J

What you are asking is actually impossible to give.
Copyright protection is very precise and it depends on what you want to copy, when it was produced, whether it has been previously published what form it takes picture, photograph text etc., etc.

Some people also claim that facts cannot be copyright, that claim is based on the copyright laws of the USA not of the UK or Europe where facts can and are copyright and case law has upheld this with fines for those who transgress.
Note even a few words or a sentence from a book can in certain circumstances make the copyist liable under the copyright Act there is no minimum amount which is allowed before the law kicks in.
This came under UK law with Database Right in 1997 which is part of the Copyright, Designs and Patents Act 1988 as amended.
The relevant law is available here
http://www.rootschat.com/links/01l9t/

Hope this helps
Cheers
Guy

PS I should add copyright here in the UK is automatic it does not have to be registered as soon as something is put down in a tangible form it is copyright.
http://anguline.co.uk/Framland/index.htm   The site that gives you facts not promises!
http://burial-inscriptions.co.uk Tombstones & Monumental Inscriptions.

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Offline Lostris

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Re: Copyright information please?
« Reply #6 on: Saturday 06 January 18 15:27 GMT (UK) »
Quote
1911 census is the tricky one, because it's copyright of FindMyPast. You can only pass on informatioj found on a free index/site. Such as FamilySearch.

The census page images are (probably Crown) copyright - but the main issue with the FindMyPast implementation of the 1911 census is the enforcement of the T's & C's stipulated by FindMyPast  ... ie as a paying member you cannot share any information from the site ... they want every access to be under a paid subscription ....

Copyright on Books and Photos used to have a limited time frame before expiration - not sure now ....

Offline Ian999

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Re: Copyright information please?
« Reply #7 on: Sunday 07 January 18 23:31 GMT (UK) »
I have found that so often, those of a bureaucratic mindset use claims of copyright to stop you from doing anything. Fight them.

I was in Fife Scotland a few years ago in a municipal museum looking at some Pictish stones from around 700AD. A petty functionary approached me and told me that I could not take photographs of them because they were covered by copyright.

BS. Copyright did not exist at the time of their creation and in any case would have expired in the interim. Acquiring an item which has copyright associated with it does not start the clock running again. I told the functionary to go away in fairly rude terms and proceeded to shoot.

Anyone can copy Shakespeare's works but no-one can claim any copyright associated with them.

Copyright only applies to the law current at the time of creation of the work. Only in one peculiar case in the 1970s is there ever any backdating. It extends over the time current at the time of creation.

Given the OPís question relating to a photograph created in the 1850s, any copyright expired many years ago and just because someone has collected the photo and subsequently republished it does not create any copyright protection all over again.

Offline majm

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Re: Copyright information please?
« Reply #8 on: Monday 08 January 18 04:26 GMT (UK) »
Would like to be informed fully on what is classed as copyright breaching.  Regarding of what is allowed before a breach has been made. As in my case I am at present in a partially handicapped state. Are we / Am I committing breach of copyright by what we ask one another / what we find and pass on verbally, by e-mails or post.
 Instance - same mid 1850's photograph - two different sites - one has copyright protected over it, the other with no markings at all.  Am I breaching by scanning & freely supplying copies to people who have an interest on either.
 Should I just inform them of what site it's on?
Is it only an offence when money is asked for your findings, supplying of?
Does this ever come into effect on and what info. we pass on to each one of us of census / bmd regs / newspaper articles / electoral etc.
Thanking you all in advance for reading, much appreciated.

Regards Just J

I am in Australia and I share the wiki article re Copyright. https://en.wikipedia.org/wiki/Copyright_law_of_Australia
See also
https://www.ag.gov.au/RightsAndProtections/Documents/ShortGuidetoCopyright-October2012.pdf
There is a definition at page 2 of that pdf that may be useful:
What is copyright?
Copyright is a type of property that is founded on a person's creative skill and labour. Copyright protects the form or way an idea or information is expressed, not the idea or information itself.
Copyright is not a tangible thing. It is made up of a bundle of exclusive economic rights to do certain acts with an original work or other copyright subject-matter. These rights include the right to copy, publish, communicate (eg broadcast, make available online) and publicly perform the copyright material.
Copyright creators also have a number of non-economic rights. These are known as moral rights. This term derives from the French droit moral. Moral rights recognised in Australia are the right of integrity of authorship, the right of attribution of authorship and the right against false attribution of authorship.


In Australia, whether the infringer is acting on a pro bono basis or for commercial gain, an infringement is an infringement and the copyright holder is entitled to seek redress. 

JM
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