From the Family Tree Forum Reference Library
The most common occurrence of copyright we will probably encounter on our site is the use of material from searchable databases.
A database is any collection of data arranged in a way that makes items within it easily accessible.
They qualify for "Copyright protection" or "Database Rights" , or sometimes both. This is mainly because they are a result of the substantial financial investment taken to put them together..
The census images themselves are Crown Copyright and belong to the National Archives, but the websites own their individual transcriptions (which forms their Database).
So, where do we stand?
Census Images
We can use parts of census images on the website but you MUST include the following in your post.
"This information Crown Copyright, from www.nationalarchives.gov.uk"
PLEASE DO NOT USE WHOLE CENSUS IMAGES
We are allowed to do this as we fall under the category of "private study or research of a non-commercial nature".
Lookups from Databases
Somebody else’s transcription is the own copyrighted work so you are NOT allowed to copy and paste information from any other source, unless you have written permission to do so.
You can however give your OWN transcription of the image, but you must include the following in your post:
"This information Crown Copyright, from www.nationalarchives.gov.uk"
If one of the Moderators spots that a transcription may not be your own work your post may be edited to remove the information you have provided.
If you spot an obvious Copy/Paste job that infringes copyright please remind the member of the situation and if it is not altered notify a Moderator.
N.B. Those on subscription based services should check the Terms and Conditions of their agreements with regards to this as well. You are responsible for your own contractual obligations.
Those using a pay-per-view service and willing to use their own credits to help other members are unlikely to breach their contracts.
Photographic Copyright
All photographs are the copyright (property) of the photographer who took them or an agent acting on their behalf.
Copyright remains in place until 75 years after the death of the photographer except when the photograph was taken as an employee where the employer will retain the Copyright.
You must have permission from the Copyright Owner before using anyone else's work on this website.
FamilyTreeforum reserves the right to request from you proof that you own an image by providing evidence such as (but not restricted to) the raw image file, other photographs taken at the same time, scans of a negative.
Exceptions when using photographs
CopyLeft Images
- Images made available from sources working under the CopyLeft regulations.
In this situation you must ensure that you follow all the instructions for crediting both the photographer and the website you have taken the photograph from.
In all circumstances you must include CopyLeft instructions so the next person knows what to do.
Royalty Free photographs
- If you have paid for a Royalty Free contract for your photograph which gives you unrestricted usage.
FamilyTreeForum may ask you to provide proof of your purchase of any image you are using as Royalty Free such as (but not restricted to) receipt of purchase, confirmation from the Copyright owner, a copy of your agreement.
- Using host sites to publish the images is not a way round the copyright issues - we will still be seen as having published the images even if all you are doing is posting a link to Photobucket.
- Please take great care when taking photographs from the internet. Two wrongs do not make a right and just because one website allows something to be used doesn't mean it's okay to use it.
- Photographers are a possessive bunch and like to get paid for their hard work in much the same way as everyone else does. If they choose to chase after FamilyTreeForum for usage fees they have the might of the NUJ behind them and we only have our Moderators waving a stick.
If you have any doubts about photographs you are currently using as avatars or signatures please feel free to ask me where we stand.
Zoe (samesizedfeet)
