Ethics in Publishing Family Histories

Under U.S. copyright laws, facts cannot be copyrighted. Recent legal opinion has even decided that certain compilations of facts, such as telephone directories, are not subject to copyright.

But what about compiled genealogies? What can I include in a published genealogy without infringing on someone else's rights? And what rights do I have to the compilations I produce?

Stephen J. Danko has written a fascinating article that looks at some of the issues of genealogy facts and what can or cannot be copyrighted. Stephen doesn't supply all the answers but he certainly has some interesting observations. You might like to read his article at http://stephendanko.com/blog/2007/07/31/ethics-in-publishing-family-histories/.

Comments

[Betty]

Hello. I've been doing genealogy for almost 14 years, but only 7 years on-line. I started out with a one-name study, and have enough information to write a "family history book." BUT, I am not one to carefully write down all facts and all sources. And, I don't want to do that. So, I have decided that my easy way out is to write an "historical novel." It would cover the ancestors arriving in the 1600's and go down to my grandparents - who have all passed !

My suggestion in regards to copyright laws is that "data bases" cannot be copyrighted if they are just "people and facts." But, "text" about your ancestors is copyrighted. In other words, whatever you compose is copy copyrighted. So, if you offer your ancestors' BMD's in written paragraph, it is somewhat safe.

[Joan Griffis]

Anyone seriously interested in copyright should definietly read (and have a copy in a personal library) Sharon Debartolo Carmack's "Carmack's Guide to Copyright & Contracts, A Primer for Genealogists, writers & Researchers." She learned some copyright "answers" the hard way (monetarily) and her book is a must-read!

[Edith Haney]

How does one discover if the copyrights to some old genealogy books have expired, and if so, could one republish parts of them without penalty? One in particular I know is available on Ancestry.com. Is it therefore to be assumed that its contents
are free of copyright restraints? Any help will be appreciated!

[tom vella-zarb]

I have been working with Family Tree Maker for several years and have my family tree dating back to the 1400's on line. http://familytreemaker.genealogy.com/users/v/e/l/Thomas-A-Vellazarb/index.html Recently when the FTM was not updating my data I transferred to Ancestry.ca
http://trees.ancestry.ca/pt/pedigree.aspx?tid=4117512&pid=-1649771319&pg=2
Now the FTM seems to be okay. Recently I heard that in March the FTM will cease operating.
Can you tell me please how to keep a family tree on line for anyone to view. In other words what link do I announce for people to view my tree with all data, including pictures.

thank you

tom vella-zarb

[Christine Sievers]

Often when I hear about people becoming incensed that someone might copy their genealogy, I feel the exact opposite. After having spent many hours putting together a family history, I wonder who will care about it after I am gone. I remember all the discussions I have read about what will happen to all our work when we die if no one in the family is interested in it. So, I freely give away what I have learned. After all, I do genealogy for my own fascination and entertainment. But, it would be nice to think that what I have done will help someone else continue to enjoy this pursuit because of clues that I have left- whether they know who I am or I know who they are. It is like "pass one forward".

[Carol]

It seems like we have become almost obsessive with privacy issues (our government can track us anywhere, anytime), political correctness (we seem to be hypersensitive), germaphobic, etc., ad nauseum...? I agree with Christine, that we should want our descendents and anyone who might be interested, have access to what really amounts to the history of our world. I want to be able to unlock the mysteries of my existance and share it with others.