Copyright and Fair Use
The question of copyright is an issue, which needs to be considered by
all sites such as this one, which display images and text most of which are not
the product of the domain registrant. The Internet and websites like this do not
change copyright laws but only present a further challenge to their application
and interpretation in this new media.
As registrant of this site I assume all responsibility for what is displayed
here. The copyright notice appearing at the bottom of most pages on this site is
merely an assignment of rights that I am making to the Maybole Community Council
for the pages of this site and in no way implies or assigns liability for their
content. It is my intent to take responsibility but give current and all
future rights to these pages to the Maybole Community.
Summarized here is my understanding and approach in use of images and text on
this site.
This site is first of all for education and research only. It accepts no
advertising, promotes no commercial enterprises other than by recognition of
their generous contribution of materials, and has no products for sale. With
this premise, I have excerpted or copied small portions of text or images from
many other sources and placed them on this site as "fair use" of these
items. Where it has been possible, credit is given for the source of these items
or links to their sites have been made. In some cases, as a further courtesy,
permission has been requested for use of the item. Where large portions of an
original work still under copyright are used, permission of the author has been
obtained.
Many of the texts and images used in the local and family history portion of this site
are in the public domain. My understanding is that if the item is over 100 years
old and the author has been dead for 70 years then it is in the public domain.
There are many websites devoted to copyright issues but here is one of them
if you wish further information on the subject.
http://fairuse.stanford.edu/
If you believe I have violated copyright laws or misapplied "fair
use" please contact me at the email address above to let me know how you
think I have done so.
I believe that it is in the best interest of all concerned that genealogical
information be freely distributed and shared without restriction. I share the
opinion of Jeffrey A. Bockman in his article on this subject which can be viewed
by clicking here.
Fair use has been defined or interpreted in many ways. Here is one such
definition.
The "fair use" doctrine allows limited reproduction of copyrighted
works for educational and research purposes. The relevant portion of the
copyright statue provides that the "fair use" of a copyrighted work,
including reproduction "for purposes such as criticism, news reporting,
teaching (including multiple copies for classroom use), scholarship, or
research" is not an infringement of copyright. The law lists the following
factors as the ones to be evaluated in determining whether a particular use of a
copyrighted work is a permitted "fair use," rather than an
infringement of the copyright:
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the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
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the nature of the copyrighted work;
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the amount and substantiality of the portion used in relation to the
copyrighted work as a whole, and
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the effect of the use upon the potential market for or value of the
copyrighted work.
Although all of these factors will be considered, the last factor is the most
important in determining whether a particular use is "fair." Where a
work is available for purchase or license from the copyright owner in the medium
or format desired, copying of all or a significant portion of the work in lieu
of purchasing or licensing a sufficient number of "authorized" copies
would be presumptively unfair. Where only a small portion of a work is to be
copied and the work would not be used if purchase or licensing of a sufficient
number of authorized copies were required, the intended use is more likely to be
found to be fair.
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