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  1. #1
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    Default BMD Certificates - copywright

    Hi all

    Thought that this was the best place to post this I am still new to all of this and I am now a bit confused about 'copywright'. I looked on the National Archives site and from my reading, it seems fine to copy and share certificates on genealogy web sites, in fact, they say : 'Q:
    I'm publishing my family tree on the internet -I want to publish images of the certificates I have.
    A:
    As long as there are no details about living individuals there is no problem about
    publishing the images of the certificates on your family tree website. Any modern
    certificates would be subject to the Data Protection Act, and would need the
    permission of any living named person prior to publication.

    However, I shared a certificate on Rootsweb and am now being challenged about copywright! (The information does not concern anyone living). The National Archives clearly say it is fine to share if there is no information regarding living people (which falls under data protection and privacy, not copywright), so does anyone know if there really is an issue? I will not be 'publishing' the information in any other format (eg a book), this is simply to share with other genealogists.

    Thanks

    Debs

  2. #2
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    Default

    RootsChat/ Rootsweb have rules about posting certificate images based on their incorrect interpretation of the copyright rules that is completely wrong, but they still don't allow them to be posted/shared on their site which they have the right to do.

    The layout/format of certificates is subject to Crown Copyright, but not a certificate itself. GRO and TNA publish joint guidance which explains it is absolutely fine to publish/copy and share images of certificates wherever you like so long as there is no intention to use them for proving identity or other official purposes.

    https://www.nationalarchives.gov.uk/...rtificates.pdf

  3. #3
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    Default

    Thanks Anthony - that was also the document that I was reading and very reassuring to hear that your interpretation is the same as mine! Actually, I think that the National archives have spelt it out quite clearly!

    The irony is, I found a whole loads of photos on the web that the gentleman in question had taken (he was a photographer), which I did NOT share, as I wasn't clear on whether that was allowable or if there were ownership issues, as they were for sale!

    Debs

  4. #4
    Knowledgeable and helpful
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    Jan 2010
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    Wakefield, West Yorkshire
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    626

    Default

    Quote Originally Posted by debsmarie View Post
    Hi all

    Thought that this was the best place to post this I am still new to all of this and I am now a bit confused about 'copywright'. I looked on the National Archives site and from my reading, it seems fine to copy and share certificates on genealogy web sites, in fact, they say : 'Q:
    I'm publishing my family tree on the internet -I want to publish images of the certificates I have.
    A:
    As long as there are no details about living individuals there is no problem about
    publishing the images of the certificates on your family tree website. Any modern
    certificates would be subject to the Data Protection Act, and would need the
    permission of any living named person prior to publication.

    However, I shared a certificate on Rootsweb and am now being challenged about copywright! (The information does not concern anyone living). The National Archives clearly say it is fine to share if there is no information regarding living people (which falls under data protection and privacy, not copywright), so does anyone know if there really is an issue? I will not be 'publishing' the information in any other format (eg a book), this is simply to share with other genealogists.

    Thanks

    Debs
    The copyright issue is complicated and is often confused with Data Protection requirements which is why many sites lump them both together and err on the side of caution.

    For example a past Information Commissioner has already ruled that information about living people may be published on an individual's family tree website. There is no requirement to gain permission from the person concerned.

    It comes under the exemptions
    Data protection Act 1998 (as amended)
    1998 c. 29 Part IV Section 36
    “36 Domestic purposes.

    Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III.”

    However that is different from publishing the same information on a forum such as British-Genealogy.com as British-Genealogy.com is not an individual's family tree website, even though it may be viewed as a genealogy web site.

    This is not a copyright issue but a data protection issue.

    Cheers
    Guy
    Last edited by Guy Etchells; 23-09-2017 at 2:26 PM. Reason: Changed forum name
    As we have gained from the past, we owe the future a debt, which we pay by sharing today.

  5. #5
    Starting to feel at home
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    Default

    Thanks Guy - the man in question is long dead, so data protection would not apply. There were some very complex things going on with the family, so it was good to share information with another researcher I rarely use Rootsweb, but this researcher had published some extensive information there and was asking for help in filling in some gaps......he was following the man's photography career and was not related, so didn't have the family connections. Oh well - at least I know the rules now and will try not to break any more

    Thanks for your help

    Debs

  6. #6

    Default

    Reading the Terms and Conditions relating to this site should help a bit. Just look at the blue bar at the bottom of the page and click on the right part.
    Sadly, our dear friend Ann (alias Ladkyis) passed away on Thursday, 26th. December, 2019.
    Footprints on the sands of time

  7. #7
    Starting to feel at home
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    Bristol
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    Default

    Thanks - think that I am good here

    Debs

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