IIGS™ Newsletter - October 1998
English ~ Dansk ~ Deutsch ~ Español ~ Suomi ~ Français ~ Nederlands ~ Norsk ~ polski ~ Português ~ Svenska
IIGS™ Newsletter - October 1998
Genealogists are supposed to be sticklers about documentation. So why aren't genealogists as conscientious about attribution, the simple art of giving credit where credit is due? And why are they so careless about using works created by others without permission from the creator?
From time to time, articles appear in online publications. No sooner have these articles appeared than they begin showing up on mailing lists and in other genealogical publications. Sometimes, the authors and/or the publications are cited. Often, they are not. The IIGS™ Newsletter published an article in its September issue. The article and the IIGS™ Newsletter are copyrighted. Since the Newsletter appeared online on Sept. 1, the article in question has appeared on more than 20 news group mailing lists and in several genealogical publications.
Not once was the author of the article nor the editor of the IIGS™ Newsletter contacted for permission to reprint the article. Attribution was spotty: sometimes there, often incomplete, sometimes absent, and in one instance, given to someone else.
In another recent case, a poem entitled "Census Takers" was freely distributed on mailing lists with the author listed as "unknown." Finally, on the RESEARCH-HOWTO-L@rootsweb.com list, someone set the record straight. The poem, originally entitled "Voices In My Heat," had been written by Darlene Stevens. The author's name had been lost through a myriad of postings to one newsgroup after another through carelessness.
The answer to the problem may lie in ignorance. Few people know or take the time to research copyright laws. It's true the laws are confusing, but simple etiquette is all anyone really needs to comply.
For example, United States copyright law, as explained at U.S. Copyright Office Home Page, says the following:
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act.
- To reproduce the copyrighted work in copies or phonorecords;
- To prepare derivative works based upon the copyrighted work;
- To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
- To perform the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
- To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
- In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
In other words, only the owner of the copyrighted work can give permission to reproduce that work. Simple etiquette requires that the person who wants to use the work asks permission to do so. If I wanted to borrow my neighbor's lawn mower, I would ask permission. If I wanted to borrow an article to post to my news group for their reading pleasure, I would ask permission of the author. Most authors will give their permission provided they are credited with authorship.
It's important to know that copyright is implied! Although once required, the author or creator of a work no longer has to put a copyright notice on the work.
Here's another scenario. Someone queries a news group and I, after doing a bit of research, write a response. My response is solely my own work. I may cite resources for the data I've included in my response, but the way in which I present the information is solely my own creation. Am I considered the author? Yes! Should I be credited if someone else copies my post and sends it to another list? Yes!
The University of Pennsylvania web page on copyright law Intellectual Property in the Information Age says that while Usenet postings and private email messages are routinely copied and reposted, they typically "meet the requirement of being original works of authorship fixed in a tangible medium of expression. They haven't been put in the public domain; generally, only an expiration of copyright or an unambiguous declaration by an author is sufficient to place a work into public domain."
Under some circumstances, usenet postings may fall under the doctrine of fair use and implied license. In such cases, they can be copied without attribution. The post must have been non-commercial and must not have been an artistic or dramatic work. Definitions of artistic and dramatic can be highly subjective, so it is always safer (and more polite) to ask permission before reposting and to give the original author of the post credit.
So what kinds of works fall in the public domain? The University of Pennsylvania web page lists the public domain requirements:
- The copyright may have expired.
- The work might be a work of the U.S. Government; such works can't be copyrighted.
- The work might be one that can't be copyrighted. For example, titles, names, short phrases and slogans can't be copyrighted ( 37 C.F.R. 202.1(a) ). Note, however, they can be trademarks. As far as copyright law is concerned, they're public domain, but as far as trademark law is concerned, they might be protected.
- The copyright might have been forfeited. For example, the work may have been published without notice prior to the change in the law that eliminated the notice requirement (March 1, 1988, the effective date of the Berne Convention Implementation Act, PL 100-568, 102 Stat. 2853 ).
- The copyright might have been abandoned. This is pretty rare. Abandonment requires that the copyright holder intend to abandon the copyright, and generally requires an unambiguous statement or overt act on the part of the copyright holder that indicates his or her intent to dedicate the work to the public domain. National Comics Pub. v. Fawcett Pub., 191 F.2d 594, 598 (2d Cir., 1951). A statement that anyone who wishes to may reproduce, perform, or display the work without restrictions might be sufficient. Simply posting it on a computer network is not abandonment.
Although I have cited the copyright laws of the United States in this article, the reader should be aware that most countries offer similar copyright protection. International copyright treaties also transcend national borders.
In simple terms, the author of a work "owns" that work, much like my neighbor "owns" his lawnmower. If copies of a published work are sold, the owner of a copy does not own the intellectual property that work represents. If I buy a book at the local bookstore, I own only the paper it's printed on, not the intellectual property. I cannot reproduce the book because the work on its pages belongs to the creator. Likewise, if I buy my neighbor's lawnmower, then I own the lawnmower, but mere ownership of his lawnmower does not mean I also own his expertise at lawn mowing.
Copyright laws have never been simple to interpret. They are even murkier in the electronic age when pirating another's work takes only a quick cut and paste and a click of the send button in an e-mail program. The best course of action is to play it safe. If the author or the publisher is known, request permission to use the work and always give credit to the author and/or publisher. It's the only surefire way to ensure you're legal. Besides, it's the polite and ethical thing to do.
For more information on copyright law, visit these web sites:
The Copyright Law
http://www.duq.edu/Technology/copy/copylaw1.html
Duquesne University copyright pageU.S. Copyright Office Home Page
http://lcweb.loc.gov/copyright/
United States Copyright OfficeIntellectual Property in the Information Age
http://homepage.seas.upenn.edu/~cpage/cis590/
University of Pennsylvania web site answers some questions