Copyright
or
Do's and Don't's
I love to write but this isn't an article that can be drawn out. It's very simple. First, let me cover the basics or ground rules for what is or is not copyright material.
1. If you don't know what Copyright Law is, there is no excuse. You must, no matter what, abide by Copyright Law easily provided by the Library of Congress (www.loc.gov). It doesn't matter if you are deaf, dumb, blind, stupid, ignorant or whatever, you MUST comply with the copyright laws clearly stated by the Library of Congress. Don't play stupid, they will get you! There simply is no opting out, not even stupidity. And if you don't have the internet, you certainly have a library, which means that Copyright law is easily available to you.
2. If any information, data, or material (whatever you want to call it) is in the public domain, meaning anyone can gain access to it freely, then it is not copyrighted material UNLESS it clearly states that it is copyrighted, with the copyright symbol, date, and name of author (or holder of copyright), i.e. © 2008, All Rights Reserved, Tom Jones
From there you can add rights i.e. All Rights Reserved, World Rights Reserved, etc.
3. There are also what's called Rules of Usage when it comes to what's on a website. We cover this policy on the very first page of this website with a clearly identified link to Yonder Places copyright page. Basically, to use copyrighted material you must gain written permission from or comply with permission rights per website, etc.
Now then, how does this apply to a genealogy website or genealogy studies, etc?
There are no gray areas. If you gather public domain information like the US Census records and compile the data into something other than what it was, like creating an entire family tree, then you can affix the copyright symbol to that document with the date and name of the holder, i.e. © 2008, All Rights Reserved, Tom Jones
The Danger Zone
You cannot copyright public domain information that includes living people without their permission. This requires all kinds of legal documentation. For us, the answer is easy: we will not put information about living family members on ANY Family Tree we create. We won't even hint that, for example, there are 6 living children, regardless of whether we use names or not. If that person is alive, he or she will not, WILL NOT, be named on this website nor will they be shown as a living member of a family tree. We will cite deceased persons, but again, will not even hint to any family members surviving that person.
Why?
It's common sense. Think about it! We all know that when opening a bank account the first thing the bank asks for as a security question is, "What's your mother's maiden name?" What's the point of providing a maiden name if your family tree is splashed all over the Internet, or documented in books that anyone can gain access to?
Recently, when opening a new bank account, I was asked for my mother's maiden name but I stated quite clearly that I would use another name. The bank representative looked quite perplexed and said it wasn't authorized. I couldn't help but smile when I told her to prove it. Long story short, banks and credit card companies are using a very outdated method to secure your accounts. Don't be fooled. You can create whatever you want for your security. But until then, what do we do about the world knowing what your mother's maiden name is/was?
Demand that anyone doing genealogy research for you does NOT put living members on their website. And that includes not putting blank fields for a name but applying the birth date and place for the living members.
I recently did a family tree with over 12 living family members as part of it. They at first were outraged that I didn't put all the living members information on the site (because I did have that information) but when I explained why I didn't use it, they immediately thanked me for protecting their better interests.
And lastly, we will not, absolutely will not, cite living adopted children on a family tree site, or their living parents. We figure that those living members already know who is who and what happened.
In a nutshell, Yonder Places will not be part of not only a growing security problem in this country, but an emotional one for families as well. We want to expand on America's Heritage not mud rake and slander the living.
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