DEVON-L Archives

Archiver > DEVON > 2002-11 > 1037999731


From: Brian Randell <>
Subject: Parish register copyright (Was: [DEV] Global Look-ups - Thank you)
Date: Fri, 22 Nov 2002 21:15:49 +0000
References: <200211221457_MC3-1-1C0B-9F17@compuserve.com>
In-Reply-To: <200211221457_MC3-1-1C0B-9F17@compuserve.com>


Hi:

PLEASE - if anyone wants to discuss this issue (which raises its head
every now and again on DEVON-L) do so via direct email to Jeremy, NOT
via Devon-L.

The situation regarding Devon parish registers, though not as
favourable to genealogists as we might wish, is - through the patient
efforts of the Devon County Archivist - much better than it used to
be, in that is is now possible to purchase copies of the microfiche,
and - in some cases - to get permission to publish transcripts, even
on-line. For further details see under Church Rrecords on the
GENUKI/Devon main page.

There is no barrier to the publication of isolated parish register
entries, e.g as part of a family history. However, the parish
registers are the property of the church authorities, and remain so
even when deposited in the County Record Office. As such they and the
incumbent can impose whatever restrictions they wish on the Record
Office, and via the Record Office on anyone who purchases a copy -
these are matters of contract not copyright. (Similarly, if you
borrow an item from a library (or an individual owner), this loan
might be subject to a contractual condition that the item not be
copied.)

But even more important than this is that we all depend on the
cooperation of information owners and holders, such as record offices
and church authorities in order to pursue our hobby. GENUKI and its
users have greatly benefitted from the excellent relations it has
built up with many such organisations over the years through friendly
discussion and agreement. We would not hae achieved this by attempts
to appeal to the letter of the law - even when the law is relevant.
Moreover, from experience, we know that attempts to debate these
matters on DEVON-L generate far more heat than light, and more
worryingly the occasional thoughtless message that would cause
offence if brought to the attention of the Church Authorities or the
Record Office.

So for all these reasons, this subject is firmly OFF-TOPIC. (By all
means debate this ruling directly with me and/or Terry Leaman, if you
so wish, BUT NOT ON DEVON-L.)

Cheers

Brian Randell







>I hesitated before sending this message, as I have sent similar ones to
>other lists. However, some may find it of comfort.
>
>In October 1993 the Legal Advisory Commission of the General Synod
>expressed the opinion that entries in parish registers do not attract
>copyright either as literary works or as compilations. The opinion begins
>on page 208d of Legal Opinions concerning the Church of England (1994
>onwards, London).
>
>This is not the judgement of a court and therefore not a binding precedent.
> However, it would take a brave executor of the executor of a former
>incumbent or parish clerk to seek to assert the ownership of copyright in
>such register entries in legal proceedings. I cannot see how a present
>incumbent could claim ownership of any copyright subsisting in the works of
>his predecessors (unless they assigned it to their successors in their
>corporate capacity), but I am open to correction.
>
>Salaam Blackmore referred to the expiry of the copyright period. It should
>be borne in mind that the 1988 act has not yet been in force long enough
>for that term to have expired in relation to unpublished material.
>
>As to the question of ownership of the registers, Section 1 of the
>Parochial Registers and Records Measure 1978 vests the baptism and burial
>registers in the parochial church council. Lynne Leeder, in her
>Ecclesiastical Law Handbook (1997 London, at 8.31), says that registers of
>banns, marriages and confirmations belong to the incumbent, but as
>authority she cites the same section, which does not mention them.
>
>Jeremy Wilkes
>
>
>
>==== DEVON Mailing List ====
>The DEVON-L mailing list is co-sponsored by GENUKI/Devon
>(http://www.cs.ncl.ac.uk/genuki/DEV/) and the Devon FHS
>(http://www.devonfhs.org.uk/)


--
School of Computing Science, University of Newcastle, Newcastle upon Tyne,
NE1 7RU, UK
EMAIL = PHONE = +44 191 222 7923
FAX = +44 191 222 8232 URL = http://www.cs.ncl.ac.uk/~brian.randell/

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