VA-ROOTS Archives

December 2005

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Subject:
From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Sat, 10 Dec 2005 16:47:22 -0600
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I again have been asked for my article or comments concerning genealogy and
the copyright provisions in the U.S. Code known as "Fair Use" (of the words
and works of others). That article was published by NGS, however older
copies of the NGS Newsletter in which it appeared are not available on the
internet.  I have scanned that article, and it is on my web site at the URLs
set out below.

NOTE: the article was done by Mrs. Linn and me when the internet was very
new.  So, though what is "Fair Use" of the published words and works of
others is very important to all genealogists and has not changed since this
article, the law as it relates to the internet yet is evolving and is not
clear in some applications.  So, I defer to you who have knowledge
concerning the recent effects/rulings of the "Fair Use" provisions as those
apply to the internet. (Craig? Brent? Janet?)

Further, though such affect what is "Fair Use" only indirectly, the periods
of protection for copyrighted works have been to a measure extended, and
unpublished works likely now may not be copied and published by other than
the original author or his/her heirs or assigns no matter how long ago
created.

Still though, for our purposes as genealogy buffs, what will be viewed by
courts as "Fair Use" remains quite as it has been for some years.  The
article is 5 pages in length and is in order by page at:

http://webpages.charter.net/pdd50/cr1.jpg
http://webpages.charter.net/pdd50/cr2.jpg
http://webpages.charter.net/pdd50/cr3.jpg
http://webpages.charter.net/pdd50/cr4.jpg
http://webpages.charter.net/pdd50/cr5.jpg

    Paul Drake JD
 Genealogist & Author
<www.DrakesBooks.com>
     931-484-9129

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