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Thread: Copyright ?

  1. #1
    Knowledgeable and helpful warncoort's Avatar
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    Default Copyright ?

    Folks,
    I have just been reading a transcription of the will of an ancestor and noticed a warning as a footnote.Webmaster was suggesting that if his transcription was posted to any subscription sites he would issue copyright proceedings against those sites.The original will is available on Ancestry.
    Does this person have copyright over something he copied?
    Eric

  2. #2
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    YES

    The longer answer is it depends on where the person lives. Here in Europe we have a section of copyright legislation called database right which protects works such as databases, wills etc. This covers not only original work but any work carried out by the person claiming the copyright including "sweat of the brow".

    In other words if the person claiming copyright has transcribed the will as opposed to copying and pasting the will that transcript is protected for 15 a minimum period of years (this period is extended if the database is added to).

    That does not mean other people are prevented from making their own transcription (in this case) of the original will, but they cannot copy the other person's transcription.

    Cheers
    Guy
    As we have gained from the past, we owe the future a debt, which we pay by sharing today.

  3. #3

    Default

    Thank you Guy, as you've probably noticed the thank you button has disappeared. Apparently it was a customised add-on and after the hacking attacks in June it was one of the casualties of tightened security or something.
    All this means is that now I can write a post and say thank you for explaining so clearly one of the mysteries of copyright.
    Sadly, our dear friend Ann (alias Ladkyis) passed away on Thursday, 26th. December, 2019.
    Footprints on the sands of time

  4. #4
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    "That does not mean other people are prevented from making their own transcription (in this case) of the original will, but they cannot copy the other person's transcription."


    Can they not copy it for personal use only? I thought copyright only came in if it was published and the person doing the publishing took the credit, trying to make out it was their own work.

    Emeltee

  5. #5
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    If one sticks to the letter of the law no, one cannot make a copy for personal use only unless the copyright owner has given permission for that.

    However things are not as simple as that, it is very doubtful that a court would hear a case based on a person making a copy of a freely available image for their own use as no loss to the copyright owner would occur.
    The problem would occur if the person who copied the transcript shared it with others, then a case could be made by the copyright owner.

    In all such instances common sense and indeed decency should be in mind and permission obtained from the copyright owner.

    Cheers
    Guy
    As we have gained from the past, we owe the future a debt, which we pay by sharing today.

  6. #6
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    Default

    Thanks Guy.

    Emeltee

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