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Archiver > APG > 1999-03 > 0921257595


From: "NColeman" <>
Subject: Re: Copyright
Date: Fri, 12 Mar 1999 11:53:15 -0500


Dear Barbara:
No. Just because a library has bought (or was given) a
book, manuscript, film, photo, map, etc. does not give it
the right to grant anyone the permission to re-publish the
materials. Only if the copyright is transferred to them do
they have the right to do so. Since everything we are
talking about here falls under the category of "intellectual
property," here's another example which is broader in scope
but may give you a clearer picture of this:

Many museums and libraries hold vast numbers of films, TV
shows, scripts, plays, production notes, etc., that are used
to teach students the arts as well as being there for the
enjoyment of anyone who wants to view the material. Just
because they possess the material, even an original copy,
does not give the museum or library the right to grant
re-use permission unless the copyright is now owned (by deed
or sale) by them. If I want to use a clip from a movie (for
ANY purpose), I must go to the original producer or studio
and get their permission. Most will charge what's called a
"clip usage" fee, especially if it's re-use is commercial
(going to benefit someone monetarily). If it's for
non-profit or scholarly use they may waive the fee. You
still need their permission, however. You are then granted
a "rights clearance" contract to use the material, signed by
both parties. This is not as complicated as it sounds.
It's done every day.

If the copyright was sold (in the music business this is
called "publishing rights"), and a good example of this are
the musical works of The Beatles. They were sold to Michael
Jackson, lock, stock and barrel (master tapes, scores,
etc.). The new owner (in this case, Michael Jackson's
company) is now the new "grantor" of any republishing
(rights) clearance of the material.

Scripts, plays, manuscripts, musical scores, anything
recorded, novels, etc., all fall into this category, no
matter what the subject matter.

So, just because an archive has a copy of someone's
genealogical work, it doesn't necessarily mean the library
is the copyright holder. Nor are they (the libraries,
museums, or archives) responsible for obtaining the
permission. Whoever re-publishes the material has the
responsibility for tracking down the owner and obtaining
"legal clearance" to re-use.

With genealogical materials, I think you have to divide the
concern into two areas. Facts within a particular format,
and narrative. The facts, in and by themselves (a date, for
instance), cannot be copyrighted. But, if you take the
entire body of work in it's original format and re-copy it
(even if you re-type it), then it's covered by the copyright
laws. Narratives are always covered by the law. So, if you
find a wonderful story about how Uncle Fred went to the
Yukon and discovered gold, you'd better track down the
author if you want to reuse the material in your own
genealogy.

Dates and terms of copyright protection notwithstanding,
this is my "practical" understanding of the law. I'm not a
lawyer but I did work, doing this very thing, for a movie
studio for ten years both domestically and internationally,
and that is how that industry, anyway, handles these issues
on an every-day-basis.

Hope this helps. Best regards. Nancy.
NColeman
NYC/Long Island Family History Research Services
http://www.genealogyPro.com/ncoleman.html
http://www.familytreemaker.com/users/c/o/l/Nancy--Coleman/

NYGenExchange: www.genexchange.com/NY/index.cfm

-----Original Message-----
From: Barbara Vines Little <>
To: <>
Date: Friday, March 12, 1999 10:05 AM
Subject: Re: Copyright

>I understand that for a variety of reasons archives want
people to ask for
>permission and that if the deed of gift grants them the
copyright they can
>require it. However, many manuscripts held by archives have
been purchased
>or received as gifts without copyright transfer. Does
ownership by itself
>grant any type of legal bar to publication? And,
conversely, does the
>granting of permission to publish by an archive have any
value or authority
>if the institution does not hold the copyright?
>
>Barbara Vines Little
>
>
>==== APG Mailing List ====
>
>
>
>
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