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January 11, 2007

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Cheryl

I don't understand a for profit company making us pay to view the documents in NARA which belong to us. Am I missing something?

Dick Eastman

Yes.

Those documents have always been free and will remain free in the future. If you wish to view them at no charge, you can do so in exactly the same manner that you always have: visit a National Archives facility and place the reel of microfilm in the viewer. There is no change for that. The images remain free to all who can visit.

For me and for many others to visit a National Archives facility can be expensive, however. If we happen to have a facility nearby, all we have to pay for is for gas to get there or for bus fare or whatever transportation is available. If by automobile, we also have to pay for parking which can be $30 a day or more for some of the National Archives facilities that are located in cities. People who do not live near one of the facilities have to pay airfare/train fare/bus fare or whatever plus hotels and restaurant meals if an overnight visit is required. Millions of Americans do not live within a day's drive of a National Archives facility. Many of us also have to take time off from work or use vacation days, all of which is still a different kind of expense. In short, for me to spend a day reading those microfilms costs me $200 or $300 per day, others may have to pay more.

Footnote.com invested a few million dollars in web servers, high-speed internet connections, salaries of web developers, salaries of those who do the scanning, purchased several multi-thousand dollar scanners, and more. Thanks to that company's investment, I can stay at home and have unlimited access to these documents for $9.95 a month. That's less than the cost of one day of parking fees at most National Archives facilities.

I can access the documents online at my convenience even if I live in a rural area or if I live in Australia.

In my case, I cannot afford to look at the "free" images very often because it is expensive and difficult to get to a National Archives facility when they are open. However, it is cheap for me to stay at home and use Footnote.com's service. I can look at the images in the evening, on Saturdays or at 3 AM, should I choose to do so. I am not limited to weekdays, the very time when I am at work.

Your experiences may vary, depending upon how close to a National Archives location you are and whether or not you can visit there in mid-day on a weekday.

The same is true for Ancestry.com, 1837online.com, Origins Network and a number of for-pay sites. Thanks to them, you and I can stay home and view documents at any time of the day or night without spending a lot of money to visit the repositories in person.

- Dick Eastman

The Genealogy Nut

I tried Footnote.com, searching for info on a Civil War ancestor. After registering for the free portion, I used the URL to view the info and got a popup telling me it could only be viewed with InternetExplorer, not Netscape. Is there a way around this block?

Jason Presley

That's interesting as it works just fine in the latest Firefox. About all you should need is a Flash-enabled browser.

Dick Eastman

---> got a popup telling me it could only be viewed with InternetExplorer, not Netscape. Is there a way around this block?

When I wrote the above article, I was using Firefox, a web browser created by Netscape. I also briefly used Safari, a web browser on the Macintosh. So far, I haven't even tried Internet Explorer on Footnote.com as I don't like that browser.

I cannot imagine why you received a message saying you had to use Internet Explorer when I have used the site successfully without it.

Footnote.com does require a rather recent version of Flash in order to view images, as do many other web sites. Flash is a free download and any web browser will quickly lead you through the download and installation of Flash.

- Dick Eastman

Gale

I have tried to view the section you said was free but a screen keeps popping up for me to either join or pay $1.99 for a view of the page. No screen pops up indicating that I can do a free registration.

Dick Eastman

You must create a free subscription. As I wrote in the article: "... I would suggest that you should sign up for a free membership to Footnote.com. Once signed up, take a look at the collection from the Pennsylvania State Archives that is available at no further charge."


Jason Presley

I've uploaded a few documents and photos to test the system and I'm very impressed with how fast new user contributed information is included in the search index. Linked here is a page from my great-great grandmother's family bible on which I've annotated all the names, dates and places. While it looks cluttered at first, you do have the option to turn off the annotations over on the right in the Document Info section. If only Ancient Faces and Dead Fred had this annotation ability!

Judy

I am very excited about the Footnotes.com project and will be using it. I pulled up information on my Great Grandfather in the Civil War Pensions. It took a long time to go through the many levels of indexes to find him but that enabled me to see what other family members could be there. I paid the $1.99 to view the record and was able to print it out with no problems. The only problem I had is that some areas were hard to read both on the computer and printed copy. I hope they will be able to fix this problem in the future as I would hate to spend money to view something unreadable.

Dick Eastman

If you have an interest in this topic, you might want to read the blog of Chris Willis, one of the developers of Footnote.com. His site is available at http://www.hypergene.net/blog/weblog.php

soccermom

I'm still considering whether to join. The search returns way too many "hits," in the same manner that ancestry.com does. "Archibald Kirkland" (an unusual name) returned thousands of hits, including all Kirklands and all Archibalds. "Archibald AND Kirkland" did a better job.

Anyone know a way to limit the search to the terms I actually want?

Jason Presley

The search returns results for the search terms on every page of a document, so unfortunately, that can greatly pad the result numbers. If I'm searching for "Joe Smith" in a pension document, I don't necessarily need every page in that document with his name on it to show up in the results as a separate entry.

Barry Boyer

I had a hit right away. A great granduncle's Civil War Pension form mentioned that he died in 1832 in Eric, OK. I would have never thought to look for him there. So thanks to footnote.com (and of course, Ancestry.com), I now have him in the census from 1850 through 1930. Furthermore, I have his children.
But the fact that every William in the database also comes up on a search for William H. Boyer makes the searches difficult.
I made an annotation for William H. Boyer and misspelled the maiden name of his mother. I have yet to figure if this can be fixed.
Footnote.com looks to be a winner.

Rick

Anyone look at FootNote's Terms of Services, Our Intellectual Property Rights?

[quote]With the exception of User Submissions, the content on the Website and the Service, including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Footnote.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only as permitted through the functionality of the Website and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.[/quote]

How can online data repositories like FootNote and Ancestry enforce such a copyright on works that are in the public domain?

For example, I just discovered a letter in the Pennsylvania Archive on Footnote that contains information on one of my ancestors dated Jul 1774. It would be great if I could share a text version of that on my website but based on Footnote's copyright to do that requires their permission.

I think regardless of their republishing the Pennsylvania Archives in the content of their site those works should still be in the public domain.

So how do these online repositories think that they can copyright public domain works?

Dick Eastman

Copyrights like that are very common and are widely accepted. In fact, most companies that create digital images of old documents must do that in order to protect their intellectual rights. They would be foolish not to.

Keep in mind that there is nothing in that statement that concerns the ORIGINAL document. The letter in the Pennsylvania Archives that you cited was in the public domain prior to Footnote, is in the public domain today and will always be in the public domain (unless Congress changes the copyright laws). Last year you were free to travel to Pennsylvania and make an image of that document yourself. You are still free to do that today. You will be able to do that in the future. Nothing has changed on the copyright of the document itself. You can still do what you always could do.

What is NEW is the digital image. That image and only that image has been copyright by the organization that created the image. 99% of all companies and non-profits that create digital images of old documents do the same thing. You cannot use that digital image in any manner that violates the copyrights of that image.

You are always free to go back to the original source and create your own digital image or to transcribe it or to do anything else that you were always able to do. The only issue here is the digital image, not the original document. The copyright of the original document has not changed: it is still in the public domain and will remain there.

- Dick Eastman

Rick

So are they pretty agreeable to giving permission to post extracts of information from their digital images on family genealogical websites?

The letter I am interested in is 3 pages from the PA Archives 2nd Series.

Dick Eastman

I am not authorized to speak for Footnote (or any other company) but I can report how such things are usually handled. Most companies encourage you to use such documents in your own personal research.

However, if you want to publish hundreds of such documents from someone else's copyrighted work, you cannot do so legally without the copyright holder's permission. Of course, they may say "yes" but you won't know until you ask.

However, you could legally publish thousands of such pages IF (and only if) you go to the Pennsylvania State Archives and scan them yourself or else pay someone to go there and scan them for you. After all, the original documents are public domain and you have every right to scan them in the same manner as any company. Once you have created your own scanned images, you can copyright the images you created and use them as you wish. Nobody else can re-use your images without your permission, however. (Of course, THEY can also go to the Pennsylvania State Archives and scan the originals themselves, just as you did and just as Footnote did.)

I believe the above would be true for Footnote, Ancestry.com, the Family History Department of the Church of Jesus Christ of Latter-day Saints, Genealogical Publishing Company, Willow Bend Books, the New England Historic Genealogical Society, and most other societies and web sites. Details may vary slightly but I believe that all genealogy companies and non-profits have loosely similar copyright policies.

- Dick Eastman

Disclaimer: I am not a lawyer. I am only an experienced reader who follows this topic closely. If you need detailed explanations, you are advised to seek competent help from someone schooled and experienced in intellectual property matters.

W. David Samuelsen

Compilation copyright confused with copyright in discrete items contained in a compilation...

read on...
Based on the following court decisions, I believe Dick Eastman is wrong, and has perhaps confused compilation copyright with copyright in discrete
items contained in a compilation.

From: L. Batlin & Son, Inc., Appellee, v. Jeffrey
Snyder d/b/a/ J.S.N.Y. and Etna Products Co.,
Inc., Appellants, UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT, 536 F.2d 486; 1976 U.S.
App. LEXIS 11846; 189 U.S.P.Q. (BNA) 753, Decided April 12, 1976.

"What the leading authority has called "the one pervading element prerequisite [*490] to copyright protection regardless of the form of
the work" is the requirement of originality -- that the work be the original product of the claimant. 1 M. Nimmer, The Law of Copyright § 10,
at 32 (1975). This derives from the fact that, constitutionally, copyright protection may be claimed only by "authors." U.S. Const., art. I, §
8; Burrow-Giles Lithographic Co. v. Sarony,
111 U.S. 53, 58, 28 L. Ed. 349, 4 S. Ct. 279
(1884). Thus, "one who has slavishly or mechanically copied from others may not claim to be an author." 1 M. Nimmer, supra, § 6, at 10.2.

"x x x the reproduction must contain 'an original contribution not present in the underlying work of art" and be "more than a mere copy.' 1 M. Nimmer, supra, § 20.2, at 93.

"Professor Nimmer refers to Doran v. Sunset House Distributing Corp., 197 F. Supp. 940 (S.D. Cal. 1961), [**16] aff'd, 304 F.2d 251 (9th Cir.
1962), as suggesting 'the ludicrous result that the first person to execute a public domain work of art in a different medium thereafter obtains a
monopoly on such work in such medium, at least as to those persons aware of the first such effort.'

"Absent a genuine difference between the underlying work of art and the copy of it for which protection is sought, the public interest in promoting progress in the arts -- indeed, the constitutional demand, Chamberlin v. Uris Sales Corp., supra -- could hardly be served. To extend copyrightability to minuscule variations would simply put a weapon for harassment in the hands of mischievous copiers intent on appropriating
and monopolizing public domain work."

Judge Lewis A. Kaplan quoted the above decision
in a subsequent case, BRIDGEMAN ART LIBRARY, LTD.
v. COREL CORP., 36 F. Supp. 2d 191 (S.D.N.Y. 1999) and goes on to state:

"[23] The requisite "distinguishable variation," moreover, is not supplied by a change of medium, as "production of a work of art in a different
medium cannot by itself constitute the originality required for copyright protection." [n38]
"[25] In this case, plaintiff by its own admission has labored to create "slavish copies" of public domain works of art. While it may be
assumed that this required both skill and effort, there was no spark of originality -- indeed, the point of the exercise was to reproduce the
underlying works with absolute fidelity. Copyright is not available in these circumstances."

He goes on to state:
"United Kingdom Law
[26] While the Court's conclusion as to the law governing copyrightability renders the point moot, the Court is persuaded that plaintiff's
copyright claim would fail even if the governing law were that of the United Kingdom."

Ben Aguirre

Hello. I have close to 700 documents in PDF format computer files. Most of them are handwritten texts but also include typed information. I want to digitilize these documents and then convert them to Microsoft Word documents. Do you know how I can do it?
Thanks for your help.
Ben Aguirre

Ben Aguirre

Hello. I have close to 700 documents in PDF format computer files. Most of them are handwritten texts but also include typed information. I want to digitilize these documents and then convert them to Microsoft Word documents. Do you know how I can do it?
Thanks for your help.
Ben Aguirre

Dick Eastman

The only method of converting handwritten documents to Word or any other word processor is to manually re-type them.

- Dick Eastman

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