Have you uploaded a scan of a copyrighted work (book or article)?

+26 votes
436 views

The Wikitree honor code says, among other things:

We respect copyrights. We don't knowingly copy information that's owned by someone else. 

This includes copying, without citation, text from copyrighted material. 

It also includes uploading images of copyrighted text. For example, if I were to scan a page of Robert Charles Anderson's Great Migration Begins, and upload it to wikitree, and link it to the profiles of anyone mentioned on that page, I would be violating copyright AND the wikitree honor code.

Uh-oh? Have I done this? You can check:

Under "My Wikitree," select "Watchlist" then "Browse Images" to see those images on your watchlist.  

To delete images you've uploaded that are are violating copyright, simply detach any profiles associated with the profile. An image that has no profiles associated with it will be deeleted within 30 days.

 

in Policy and Style by Jillaine Smith G2G6 Pilot (910k points)
retagged by Keith Hathaway

(Please note I am not a lawyer, I am a librarian.)

Not all of us on here are academics or trained researchers, so to encourage participation let's be careful how we present this kind of warning.  Fear of the law can have a Chilling Effect on legitimate research and access to our own histories.

It would appear that sharing family photos (even those in copyright) on Wikitree is Fair Use under U.S. law.  My purpose sharing these photos on this forum is for "teaching, scholarship, and research" in the context of "nonprofit education purposes".  There's no financial "value" at play with these old photos (unless Marilyn Monroe is in them or Ansel Adams took them, perhaps).

Take a look at #1 and #4 on the U. S. Copyright Office - Fair Use site, as well as Digital History: A Guide to Gathering, Preserving, and Presenting the Past on the Web.

Most archives, universities, libraries, and other educational institutions have grappled with the photo issue.  Their lawyers are comfortable with us making copyrighted content available to the public, with attribution, because education/research is the intent rather than appropriation and profit.  I think that covers Wikitree and my activity here.  Would it be possible for Admin to clarify this point one way or another on the Photo FAQ?

Fair Use: sharing my great-grandma Maud's wedding photo (copyrighted or not) on Wikitree
Not Fair Use: printing that photo on a sweatshirt, capitalizing on a global fashion trend for big eared women, getting wildly rich, not crediting or tracking down the copyright holder to share the moolah, etc.

(Btw, I'm on board with the original example in this thread, the scan from Anderson. TGM is both copyrighted and valuable to NEHGS and the author; the law regarding photocopies is mostly clear, though still subject to court wrangling.  Thank you for raising the question in the first place, Jillaine. :)

HH, thanks for your response. It sounds like you're responding more to the warning about the family photos (which is below), than on the topic of the original post-- images of copyrighted publications. Am I understanding that correctly?

Jillaine, I'm responding to the comment below, but also the original question, "Have you uploaded a copyrighted image?"  Perhaps it shoud be retitled "Have you uploaded a scan from a copyrighted book"?  They are different questions with different answers. 

Providing open access to a digitized photograph even if you don't own the copyright does not violate U.S. law; context and intent matter.  If the context is for "teaching, scholarship, and research" and "nonprofit education purposes" we are within our rights to share them.  Selling reprints or access to them would not be legal.

Here's an example based on a typical scenario.

A local historical society (or university/library/archive/musem) has a collection of photos important to the history of their town and its residents.  Nobody knows who took these photos; they are either of "uknown provenance" or the copyright holder cannot be located.  Digitizing those photos and making them available for the public is legal and within their rights so long as the project is free and open access (i.e. not sold to a database company) and there is no financial or personal harm done to the copyright holder (i.e. s/he's losing money because of this). 

Non-profit is the key to Fair Use for photographs. If that same historical society started selling reproduction rights to their collection or if an author reprinted them in a book that was sold, then we are outside of Fair Use. For the most part, it comes down to money.

Print is a different story. No, you can't legally share that scan from TGM on the Internet; it's still for sale and it makes its publisher money.  Please note that copyright law is evolving regarding print (see the ongoing Google Books case over orphan works). 

Photos make history alive for a highly visual culture.  Let's be careful not to discourage people from sharing photos on Wikitree over an irrational fear of a lawsuit or hurting the creator's rights.  Thank you for reading.

HH, I'll take your suggestion and change the title of this g2g. That said, have you read the link to Judy (Legal Genealogist)'s blog about copyright and photos. It stunned me.

3 Answers

+10 votes
 
Best answer
I was just reminded of a great post by the Legal Genealogist that is a must read for those of us posting photos... Even those old photos from our private collection!!

http://www.legalgenealogist.com/blog/2012/03/06/copyright-and-the-old-family-photo/
by Jillaine Smith G2G6 Pilot (910k points)
selected by Mary Atkins
WOW!!!!!  That's just one more example of there being way too many lawyers in this country with not enough to do, so they run around frantically creating crazy laws in order to make work for themselves by starting more lawsuits.
+8 votes
This isn't an "answer" - it's a question that the copyright info raises.  Suppose I have some material that I have copyrighted - it belongs to me.  Can I, if I wish, upload it (as entered text and/or graphic files) to WikiTree in profiles that I manage?
by Gaile Connolly G2G Astronaut (1.2m points)
Sure.  You might want to include the copyright information-- preferably directly on the image.

If it's text, you should probably place it on a Free Space page (or uploaded as a PDF) with appropriate copyright information, and link to it from the profile.  Since profiles are collaboratively edited, you risk having copyrighted information edited by others or even removed.
+3 votes
I went to my watchlist and found photos when I browsed that I have not put on profiles on which I have worked on pic was of another wikitree profiler.  I have not knowingly added images without permission only those I own by purchase or gift, have taken.  I know copyright applies to them as well as text.  Have not scanned any books into wikitree.  Did a free space for one source today.  My question was presented to make sure I am keeping the promise of the honor code.
by Sharon West G2G6 Mach 2 (21.7k points)
Hi Sharon, thanks for writing. When I see on profiles I manage or watch photos/images that others have uploaded, I will check to see if it's an obvious copyright violation (example : copy of a page of Anderson's Great Migration) and if so, contact the contributor and ask them to detach it; if they don't respond, I  detach it from any linked profiles so that it will be deleted. Otherwise I will ask the contributor to provide source information for it if I can't easily find it myself.

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