Does a transcription of an Ancestry document breach copyright? [closed]

+4 votes
334 views
I have just transcribed an 1865 court document from British Archives which I accessed through Ancestry. I was going to attach the pdf of the transcribed document to the relevant profiles. Naturally, I will acknowledge the source. Does anyone see an issue with this?
closed with the note: Answered satisfactorily.
in The Tree House by Fiona McMichael G2G6 Pilot (209k points)
closed by Fiona McMichael
I am struggling to understand this at the moment.  I looked at the Ancestry terms and conditions, and they state that by using their website you agree "Not to resell the Services or to resell, reproduce or publish any content or information found on the Services".  Does the definition of publish not include uploading to a public forum like WikiTree?  If not, how does "any information" not cover literally everything one finds out there (including the sentence from the terms and conditions just quoted, but I doubt they'll sue me for that)?  FamilySearch has a similar clause in theirs but it at least mentions the possibility of getting their permission.  Copyright isn't a problem with most of the documents I'd like to use information from, like English censuses, because the copyright owner (the government) has issued guidance saying it can be used in this way; but these kind of terms and conditions do seem to be.
Copyright rests with the producer of original content. That would be the person or organization generating the document in question. Consequently the only thing a website like Ancestry can copyright is the digital image it obtained from the original source and it's presentation on their website. The content, the facts covered in that document, are not copyrightable. Therefore, you can transcribe documents from this website to your heart's content without infringing on copyright. Whether it conflicts with terms of use you agreed to when using their website is another issue.
It's another issue, but it's an equally important one for anyone who's ever used one of these sites and wishes to contribute to WikiTree.

1 Answer

+7 votes
 
Best answer
Not since it is your own transcription.
by Rosemary Jones G2G6 Pilot (262k points)
selected by Fiona McMichael

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