Summarized here is my understanding and approach in use of images and text on this site.
This site is first of all for education and research only. It accepts no advertising, promotes no commercial enterprises other than by recognition of their generous contribution of materials, and has no products for sale. With this premise, I have excerpted or copied small portions of text or images from many other sources and placed them on this site as "fair use" of these items. Where it has been possible, credit is given for the source of these items or links to their sites have been made. In some cases, as a further courtesy, permission has been requested for use of the item. Where large portions of an original work still under copyright are used, permission of the author has been obtained.
Many of the texts and images used in the local and family history portion of this site are in the public domain. My understanding is that if the item is over 100 years old and the author has been dead for 70 years then it is in the public domain.
There are many websites devoted to copyright issues but here is one of them if you wish further information on the subject. http://fairuse.stanford.edu/
I believe that it is in the best interest of all concerned that genealogical information be freely distributed and shared without restriction. I share the opinion of Jeffrey A. Bockman in his article on this subject which can be viewed by clicking here.
Fair use has been defined or interpreted in many ways. Here is one such definition.
The "fair use" doctrine allows limited reproduction of copyrighted works for educational and research purposes. The relevant portion of the copyright statue provides that the "fair use" of a copyrighted work, including reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright. The law lists the following factors as the ones to be evaluated in determining whether a particular use of a copyrighted work is a permitted "fair use," rather than an infringement of the copyright:
the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and
the effect of the use upon the potential market for or value of the copyrighted work.
Although all of these factors will be considered, the last factor is the most important in determining whether a particular use is "fair." Where a work is available for purchase or license from the copyright owner in the medium or format desired, copying of all or a significant portion of the work in lieu of purchasing or licensing a sufficient number of "authorized" copies would be presumptively unfair. Where only a small portion of a work is to be copied and the work would not be used if purchase or licensing of a sufficient number of authorized copies were required, the intended use is more likely to be found to be fair.
Grace Mizzi
www.mmponline.org
Send Oh Lord Holy Apostles into your church
“Christ has no body but yours, no hands but
yours, no feet but yours.
Yours are the eyes through which Christ’s
compassion must look upon the world.
Yours are the feet with which He is to go about
doing good.
Yours are the hands with which He is to bless us
now.”
St. Theresa of Avila
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FAIR USE COPYRIGHT
Topic Locked
Posted - Dec 26 2007 : 5:53:50 PM
