Author Topic: Copyright breach? Adding copies of census, bmd records,etc to Ancestry  (Read 396 times)

Offline neelawson

  • RootsChat Extra
  • **
  • Posts: 57
  • Census information Crown Copyright, from www.nationalarchives.gov.uk
    • View Profile
Copyright breach? Adding copies of census, bmd records,etc to Ancestry
« on: Saturday 30 September 23 21:33 BST (UK) »
When I've found bmd entries and census pages at Ancestry I've downloaded them and attached them to 'Facts' re ppl in my family tree. I asked via Ancestry chat if that's allowed and was told yes but now I'm wondering if that's right and if instead I should just note somewhere where I got the info from.

Offline Andy J2022

  • RootsChat Aristocrat
  • ******
  • Posts: 1,853
    • View Profile
Re: Copyright breach? Adding copies of census, bmd records,etc to Ancestry
« Reply #1 on: Saturday 30 September 23 23:02 BST (UK) »
There two separate aspects to your question. The first concerns copyright, and in many cases (census entries, BMD certificates) it's a special variety of copyright which belongs to the Crown.  Section 29 of the Copyright Designs and Patents Act 1988 provides an exception to copyright for the purpose of private study and research. Since this exactly describes what family history research is all about, you are able to take advantage of this exception, although it should be noted that you are supposed provide a sufficient acknowledgement of the source when you make a copy in this manner. This is hardly an onerous requirement as we always note our sources don't we?
The second issue concerns the terms and conditions of using sites like Ancestry, FindMyPast and FamilySearch etc. They frequently claim copyright in certain content which they provide such as the transcriptions but even then their t&cs allow you to use this data for private research purposes. Their t&cs do not, and cannot, limit your ability to copy the original documents, such as pages from the census, using the section 29 exception (see subsection (4B of section 29).
Over and above those two matters, section 6 of the RootsChat terms of use provide fairly detailed guidance on the posting of any matter which is subject to copyright - this is intended to protect the site owners from liability in the event of copyright infringement by individual members.  In particular the rules require that any use  of Crown Copyright material is accompanied by a notice to the effect that that "This information [is] Crown Copyright, from www.nationalarchives.gov.uk". This rule appears to apply irrespective of the actual government department which has provided the Crown Copyright material, such as the GRO or Ministry of Defence etc.

Online Erato

  • RootsChat Marquessate
  • *******
  • Posts: 6,878
  • Old Powder House, 1703
    • View Profile
Re: Copyright breach? Adding copies of census, bmd records,etc to Ancestry
« Reply #2 on: Saturday 30 September 23 23:13 BST (UK) »
It depends on the source country, too.  All US government documents (including censuses) are, by law, copyright free.  Most state records (BMDs, state censuses, etc.) are also free from copyright but there are variations from state to state.
Wiltshire:  Banks, Taylor
Somerset:  Duddridge, Richards, Barnard, Pillinger
Gloucestershire:  Barnard, Marsh, Crossman
Bristol:  Banks, Duddridge, Barnard
Down:  Ennis, McGee
Wicklow:  Chapman, Pepper
Wigtownshire:  Logan, Conning
Wisconsin:  Ennis, Chapman, Logan, Ware
Maine:  Ware, Mitchell, Tarr, Davis