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RE: Copyright RE: [S-R] LDS Family History Library Films

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  • Janet Kozlay
    Frank, Although I would trust Bill s opinion on this, I believe the copyright is technically on the microfilms rather than the original documents themselves.
    Message 1 of 7 , Jan 8, 2009
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      Frank,



      Although I would trust Bill's opinion on this, I believe the copyright is
      technically on the microfilms rather than the original documents themselves.



      Copyright law is very complicated, especially when it deals with "old"
      material.



      Janet



      _____

      From: SLOVAK-ROOTS@yahoogroups.com [mailto:SLOVAK-ROOTS@yahoogroups.com] On
      Behalf Of Frank R Plichta
      Sent: Wednesday, January 07, 2009 10:58 PM
      To: SLOVAK-ROOTS@yahoogroups.com
      Subject: RE: Copyright RE: [S-R] LDS Family History Library Films



      Janet,

      The LDS did not produce the original document so they would have no
      ownership right to the data. The copyright owner would be the source that
      produced the original document, the Slovak Church or if it was produced by
      the Church on behalf of the government, the Slovak government. Then you
      have the question that these may be public documents and not copyrightable.

      The laws of Slovakia would prevail. In order for a document to be
      copyrighted, the original author needs to formally protect the document.

      Frank

      _____

      From: SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com> yahoogroups.com
      [mailto:SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com>
      yahoogroups.com] On
      Behalf Of Janet Kozlay
      Sent: Wednesday, January 07, 2009 10:51 AM
      To: SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com> yahoogroups.com
      Subject: RE: Copyright RE: [S-R] LDS Family History Library Films

      If you check at your Family History Center, you will find a notice posted
      that the films are indeed copyrighted. I thought the copyright was held by
      LDS, but I could be mistaken. At any rate it gives a warning about copying
      only a reasonable amount, and that only for personal use. In fact, the
      scanner output specifically prints "For personal use only" at the bottom.

      It has bothered me that one client at the center told me that he has
      downloaded every page on one microfilm. He claims he is within his rights,
      but I question that.

      On the other hand, genealogical information, as opposed to actual copies of
      documents, cannot be copyrighted, but information taken from the films
      should be properly sourced.

      Janet

      _____

      From: SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com> yahoogroups.com
      [mailto:SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com>
      yahoogroups.com] On
      Behalf Of Frank R Plichta
      Sent: Wednesday, January 07, 2009 10:26 AM
      To: SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com> yahoogroups.com
      Subject: Copyright RE: [S-R] LDS Family History Library Films

      Gordon,

      The records microfilmed by the LDS are not likely to be copyrighted.

      Copyright laws came into being in the United States in May 1790.

      Section 105 of the copyright law does not permit works of the US government
      to be copyrighted, however the government may hold a copyright that was
      donated to it.

      Some countries such as Australia, Canada, New Zealand and the United Kingdom
      do claim a "Crown Copyright" for government produced works but reproduction
      of those works is still permitted.

      Other countries probably have their own laws.

      Speculation only starts rumors.

      Frank

      _____

      From: SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com> yahoogroups.com
      [mailto:SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com>
      yahoogroups.com] On
      Behalf Of Gordon Grening
      Sent: Wednesday, January 07, 2009 5:45 AM
      To: SLOVAK-ROOTS@ <mailto:SLOVAK-ROOTS%40yahoogroups.com> yahoogroups.com
      Subject: [S-R] LDS Family History Library Films

      As many of you know the LDS Family History Library is digitizing all of its
      microfilms. I was wondering what they were going to do with the old
      microfilms once they were digitized. I imagine they would keep the original
      film and probably a backup copy. But what about the other copies they made
      to be sent out to local FHC's.

      When I was at my local FHC yesterday I had them call Salt Lake City to see
      if the Library was planning on selling the extra copies, possibly on eBay. I
      was surprised by the answer. The LDS owns the films but they do not own the
      data on the films. Apparently all of the records are copywrited and are
      actually owned by the Church, institute, country, etc. where they were
      filmed.

      I am assuming that if you have a family website and post copies of records
      you printed from an LDS film you may be violating the copywrite laws. Not
      sure if this applies to U.S. state or county birth, marriage, death
      certificates since they would be in the public domain. But records from any
      Church certainly would be a violation.

      [Non-text portions of this message have been removed]

      .

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