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  1. #1
    Ken Boyce
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    Default Copyright and Constraints on the use of BMD Certs

    Came across this today

    https://www.opsi.gov.uk/advice/crown-...-registers.htm

    BMD Certs are not facsimiles or copies of old records like say an image of a census page.

    Thay are notarised legal documents and as such have constraints on their use in addition to any Crown Copyright constraintsl

  2. #2
    Name well known on Brit-Gen
    Join Date
    Feb 2008
    Location
    South Australia
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    4,594

    Default

    Reads as tho' we can still share with a Cousin of the same line, or in the event of awrong cert, pass it to a member of the correct Family. In a genealogical way of course.

  3. #3
    mfwebb
    Guest

    Default Certificate Transcripts

    I produce my own transcripts of certificates I and my wife obtain.

    I have a master form (as an Excel Spreadsheet) for births, marriages and deaths (red, green and black respectively). I input the information into the appropriate columns then save as a pdf file. That way, I have a full transcript of the certificate and I can send them to family in America.

    They are clearly marked as a transcript done by me, and have my name and the date of the transcription clearly marked.

    I presume this is not illegal!!

  4. #4

    Default

    A transcript is ok but copying as in creating an image of the certificate is really a big fat no.
    Sadly, our dear friend Ann (alias Ladkyis) passed away on Thursday, 26th. December, 2019.
    Footprints on the sands of time

  5. #5
    Guy Etchells
    Guest

    Default

    First point the 1988 Copyright Act is not retrospective therefore it only concerns certificates produced since 1988.

    Second all the various Acts of Parliament allows unlimited copying of all Parish Register and Civil Registers by the Public.
    This has also been tried in courts with the finding in favour of individuals copying registers. Precedents have already been set.

    Third Parish Registers including Marriage Registers are the copyright of the present incumbent of the particular church. They are not, repeat not subject to Crown copyright.

    The government can have any policy it wants, policy is not law.


    Regarding certificates (not the registers they are extracted from) these are subject to Crown Copyright.
    However such copyright expires 50 years from date of publication.
    This means any certificate over 50 years old is not subject to Crown Copyright.

    Cheers
    Guy

  6. #6
    Mary Anne
    Guest

    Default

    Quote Originally Posted by Guy Etchells View Post
    Regarding certificates (not the registers they are extracted from) these are subject to Crown Copyright.
    However such copyright expires 50 years from date of publication.
    This means any certificate over 50 years old is not subject to Crown Copyright.
    Guy

    Just a small clarification on your last point. If I receive a paper entitled "Certified Copy" from the GRO, and it is for a BMD that occurred BEFORE 1988, but it is copied onto their "Certified..." paper form, and dated with the date they copied it for me (e.g. 2008)... Is that then considered the "date of publication" and would the "Certified Copy" that I have, in its entirety, be considered to be under Crown Copyright? (that would be for 50 years from 2008)

    This would then lead me to the conclusion that, if I were to pass on this information to anyone, I should transcribe the content (except the reference to the recent date and "certified copy") and pass only that along. As mfwebb does... And in no circumstances copy or pass along an image of the full "Certified Copy"... although it seems to me I could copy just the image form the register, could I not?

    This is all a bit confusing, since it is unlikely that the research I am doing would REQUIRE a "certifed copy" (I am usually not needing to PROVE identity, lineage or BMD information, as if I were applying for a passport, say), but if I order my certs from GRO, I am essentially forced to have a "certified copy".

    this about sums me up...sigh


    Mary Anne

  7. #7
    Guy Etchells
    Guest

    Default

    Yes the day the GRO prints the certificate is the day that particular certificate was published.

    However many family historians have old original certificates for themselves, their parents grandparents etc. if those are over 50 years old they are out of copyright.

    If you transcribe the details there are no copyright implications.

    If you print a blank certificate form and fill in the details there are no copyright issues but it could be said you were passing the home made certificate off as an official certificate, but this could be overcome by writing "not an official certificate" on the form.
    Cheers
    Guy

  8. #8
    Mary Anne
    Guest

    Default

    Thanks, Guy. This gives me some ideas for going on with....

  9. #9
    Brick wall demolition expert! ChristineR's Avatar
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    Oct 2004
    Location
    Victoria, Australia
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    3,251

    Default

    This would then lead me to the conclusion that, if I were to pass on this information to anyone, I should transcribe the content (except the reference to the recent date and "certified copy") and pass only that along. As mfwebb does... And in no circumstances copy or pass along an image of the full "Certified Copy"... although it seems to me I could copy just the image form the register, could I not?
    You can pass along copies ...
    scroll down to "Completed Certificates" 10, paragraph (d)
    in my words
    It is allowable to subject your copy to "limited distribution" for genealogical purposes. It specifically says that copies are not to posted on the internet.

    Christine

  10. #10
    Katlin
    Guest

    Lightbulb Copying of BMD Certificates and the Internet

    Hi,

    Having read about the problems concerning copyright on this site I have contacted the OPSI today to ask about the situation regarding including photos of certificates on online family trees - in particular those that are kept private and only accessible to invited family members. (Thus complying with the limited distribution rule.) I was told that the position with specific sites is complex as they may have negotiated directly with relevant government departments.

    A site I use regularly (not sure if I am allowed to name it) actually suggests that photos of certificates should be included in family trees!

    In addition I was told that the guidance on this subject is at present being updated and they are hoping this will become available to the public in April this year.

    Hope this info might be of some use to people who are concerned.

    Katlin

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