Copying Online Family Trees and Copyright

A recent blog post and some comments to that post got me thinking again about copyright. The post was "What to Share, and How – Part II" by Tony Proctor on his Parallax View Blog. In light of the content, I think a few definitions are in order. To obtain a more extensive list from the U.S. perspective, see Title 17 of the United States Code Section 101, Definitions. You might want to bear in mind when you are talking about copyright that every term used has a strict legal definition. In the U.S. these individual definitions are set out in Title 17 cited herein and as modified by subsequent case law. Here are only a few definitions pertinent to my present discussion.

Copyright
A copyright is a bundle of legal rights associated with the creation of an original work by an author as defined by the statutes and regulations of a particular jurisdiction. For the U.S. see Title 17 of the United States Code. Now, I have to say that this applies in the United States because every country of the world has its own copyright law. Many of the countries, 167 to be exact, have signed on to the Berne Convention. See World Intellectual Property Organization.

Work
I think that the statute, Title 17, Section 102a and 102b of the United States Codes says it best:

(a) Copyright protection subsists, in accordance with this title, in original
works of authorship fixed in any tangible medium of expression, now known
or later developed, from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or device. Works of
authorship include the following categories: 

(1) literary works;
(2) musical works, including any accompanying words;
(3) dramatic works, including any accompanying music;
(4) pantomimes and choreographic works;
(5) pictorial, graphic, and sculptural works;
(6) motion pictures and other audiovisual works;
(7) sound recordings; and
(8) architectural works. 

(b) In no case does copyright protection for an original work of authorship
extend to any idea, procedure, process, system, method of operation, concept,
principle, or discovery, regardless of the form in which it is described, explained,
illustrated, or embodied in such work.

Public Domain
Guess what? This term is not defined by the United States Code. Generally, it refers to any work that does not have copyright protection for any reason.

OK, for my purposes today, that is enough. Facts have no copyright protection in the United States. They fall in the same category as ideas. Facts are not in the "public domain" because they cannot be copyrighted. A work is in the public domain as a result of some exception created by law and but for that exception, there is copyright protection. So, copyright includes every work (see definition) not specifically excluded. By the way, I should mention, at this point, that in all of the Berne Convention countries (those countries that signed the Treaty, including the U.S.) no "notice" of copyright is required or necessary to obtain copyright protection. So, for example, this blog is subject to copyright protection notwithstanding the lack of a specific claim to copyright.

A copyright interest is personal property, just like a car or computer. You can buy, sell, rent and license copyrights.

Now let's analyze the copyright protection of a "family tree," specifically one uploaded to a family tree program. The first thing you need to do is look at the Terms and Conditions of the website hosting the family tree. By putting your family tree online, you may be giving a license to the website to do all sorts of things with the content of your tree. For example, clear down at the bottom of the page on Ancestry.com's family tree pages, you will see some tiny little links, one of which, is to the Terms and Conditions. I will not reproduce the entire contents here in this post, but here is the link to the Terms and Condition regarding "User Provided Content." Among other things the Terms and Conditions provide the following:

By submitting User Provided Content to Ancestry, you grant Ancestry, its parent company and all of its affiliates, a transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.

Interesting. What have you retained, assuming of course, that you had even a colorable copyright claim to start with? Well, not much that is copyrighted. The facts, i.e. names, dates, places, sources, are definitely not copyrighted. What about notes and extended narratives? Maybe. The issue is whether or not they are "original." Notice the disclaimer of Title 17, Section 102 (b). If you are explaining your discovery, it is not likely to be copyrighted. So, you should be very cautious about putting anything you believe to by "copyrighted" on line subject to some website's terms and conditions. Technically, you retain the copyright, but that fact may be very hard to enforce.

Summary
If you are like me and you saw that there was something called a summary, you probably skipped the whole article and just read this part. I don't blame you a bit. But I do think if you are at all worried about having a copyright on anything you are producing as a genealogist, you should be very, very familiar with the terminology, meaning the definitions and the rules governing your work. Don't claim a copyright if you don't have one. If you have a copyright claim, you need to take affirmative action to preserve it. Failure to protect your valid copyright can result in you losing your copyright.

Here is the real summary. Online family trees are governed, to a great extent, by the terms and conditions of the hosting website. By putting your family tree online, you may be granting a license that effectively voids your copyright claims. In any event, only the part of your data that is "original work" is protected. I all that you have is names, dates, places and facts, you probably have no claim of copyright. Public domain has nothing to do with your claim unless you abandon your copyright and allow your work to go into the public domain or you incorporate the work of others that is already in the public domain.

That's it. Good Luck.

A Report Card on the Large Online Genealogy Databases

The genealogical community is more or less firmly dependent on the huge online genealogical database companies, Ancestry.com, FamilySearch.org, MyHeritage.com and findmypast.com. I have recently been including Mocavo.com also to this list as this website accumulates an impressive number of resources. The big four all have copies of U.S. Federal Census records, although findmypast.com has those records in a separate website censusrecords.com. In fact, three of the biggest websites are really fragmented into a separately maintained, and in most cases, separately subscription charged websites. For example, your World Subscription to Ancestry.com does not include a subscription to Fold3.com. Likewise, MyHeritage.com charges separately for a subscription to WorldVitalRecords.com. In contrast, FamilySearch.org is entirely free and even its related websites such as Community Trees and Labs.FamilySearch.org are also free. 

The bottom line for all of these websites is how do they stack up to the realities of serious genealogical research? Even though they all claim to have millions or billions of records, what does this actually mean? What do they have online and what is not yet (or may never be) online in these larger websites? Shouldn't we be looking at categories of records where ever they are found rather than focusing almost exclusively on particular database programs?

For this evaluation, I am going to select some record types from the list of categories on the FamilySearch.org Research Wiki. This particular resource lists different categories of records available in various political jurisdictions around the world. For example, here is a screenshot of the main article for the United States with an arrow showing the list of types of records that a genealogist may wish to consult in a thorough research effort.  The list is too long to show entirely in the screenshot.

Of course, we could argue the utility of some of the types of records listed, but the question here is whether or not these records are available through any or all of the named large database programs. The way to tell this information involves some considerable examination of the contents of the databases. Because records are being continually added to the collections for each of these entities, any such evaluation involves a snapshot in time which could change today or tomorrow as records are added. 

Of course, I can easily choose records that I know each of the large databases are missing to compare the websites. For example, I could choose records from Panama which were, until very recently, only available from FamilySearch.org. Now, however, due to the sharing of those records, the same collections on FamilySearch.org show up on Ancestry.com. The idea here is not to compare the websites with each other, but to discuss their collections from perspective of looking at them all at once. 

One very obvious limitation in determining whether or not a particular database contains any particular type of record is that none of these larger companies list their records in the same way. FamilySearch.org, findmypast.com and Ancestry.com have compiled one long list of all of their records. FamilySearch.org does this through its "Browse all Records" selection. Ancestry.com has its "Card Catalog." MyHeritage.org has a hierarchal list of all of its collections but it is necessary to select a particular category to view all of the records available in that particular category. I am not here criticizing any of the methods of categorizing the records. They all work off of a filtering system and just use different filtering methods. 

One reason for making this type of comparison is to determine whether or not a particular type of record you are searching for even exists in one or more of these programs. This is a good reason to visit a local FamilySearch Center, where all of these programs, are available for free access where you can work with each of the programs before subscribing. Mocavo.com is completely free but searching is limited to one database at a time. Their advanced search features are subject to a subscription and this feature is not available at FamilySearch Centers. 

It is pretty easy to find things that none of the database programs have available. All I really need to do is go to collections that are not yet digitized or are available only in specialized online websites. For example, none of these large programs have all of the General Land Office records available from the United States Bureau of Land Management website. Likewise, there are millions of records waiting to be digitized in the U.S. National Archives. 

Now, let me select some areas from the Research Wiki list to illustrate what is and what is not found in the large online database programs even if there are large online collections of the same types of the records. 

I will start with Land and Property records. If I focus on one state, let's say Utah for example, they stack up as follows:

FamilySearch.org  0

Ancestry.com  1 mining record

MyHeritage.com 0

findmypast.com 0

Mocavo.com Possibly, it is hard to tell from the long list of Utah collections. 

One more example should be sufficient to illustrate my point that before we spend a huge amount of time searching in these large online database programs, perhaps we should determine if they even have the types of records were are searching for. Here is another example with Water Records in Utah:

FamilySearch.org 0

Ancestry.com 0

MyHeritage.com 0

findmypast.com 0

Mocavo.com Very possibly, given the variety of publications 

Since these examples show that certain types of records are not commonly included in the large database programs, we should all be aware of this fact and be careful to extend out searches to more particular types of records and where possible to records that may not yet be digitized. 

Mocavo.com adds new search features

Mocavo.com continues to add new features as well as keeping their promise to add 1000 new collections every day. The new features improve the search functionality of the program as well as helping to make it even more user-friendly. As set forth in an email message, here are the newer features:

New Search Slider: Proximity for Exact Search

Now you have the ability to filter your results by proximity of keyword. What that means is you can choose how close each of your search terms appear to each other within a record page. The default setting of this search slider is “+1”, meaning that you can search for “Thomas Smith” and receive results for “Thomas Edward Smith” since “Smith” is one word away from “Thomas”. You can also select "Exact" or "Far" to reveal an entirely different set of search results.

Tune Up Your Engine with Mocavo Search Tuners

When you run a search on Mocavo, our search engine factors in a host of variables to determine which results to place at the top. We worked tirelessly to tweak the search algorithm so that the most relevant results rise to the top, but sometimes, given your particular search terms or the nature of the document, a hidden piece of your family’s puzzle may fall to the bottom of the results.

Now you have the power to change the search engine's preferences. That's right, we're giving you not just one batch of search results, but ten! Each search tuner will serve you a different set of results that will help you make sure you don’t miss out on a hidden clue.

Take the Guesswork out of Your Research with Search Field Hints

As a Mocavo Basic, Silver, or Gold member, you can browse all of our content for free and search for your ancestors in any individual database. Previously, when searching an individual database, you filled in search fields based on your knowledge of the subject, which could be limited. If you happened to guess the wrong spelling or abbreviation for a certain search field, your results could be irrelevant or limited.\ 

We know how frustrating this experience can be, which is why we’ve developed Search Field Hints. Now you can take the guesswork out of your research by selecting search terms specific to an individual database from a dropdown or autofill menu. These menus standardize how each search parameter is written, helping you create accurate and relevant searches.

What to do with genealogically valuable information about living people

 I received this comment from Tony Proctor in Ireland concerning one of my recent posts,

I totally agree with you about the lives, and history, of dead people James. However, I have a number of items that relate to living people. I don't publish this, as you already suggest here, but I maintain the information since it will also, one day, be about dead people. 

My question to you is how to accurately record the history (or as much as I know about it), and ensure it will not be lost (and hence available to later researchers), but without upsetting anyone in the meantime.

 I have found that I get along much better with my dead relatives than I do my live ones. My daughter Amy and I received a very negative comment recently from a somewhat distant relative that blasted us for mentioning two families at the same time. Essentially, the commentator was dredging up an old family animosity between the two families that, for Amy, went back 3 or 4 generations. All of the people were long since dead and this distant relative had to be in his 90s but there it was: the old family conflict in all its glory. We had no idea what he was talking about but could come up with several items of possible conflict. Are we supposed to assiduously preserve all the old garbage and maintain the honor of the families in conflicts where all of the original participants are long dead and even their children are close to it?

I realize that this is different than being sensitive to unpleasant and even criminal acts involving living people, but the question comes down to this: when does all this become history and therefore included in our "public" notes and comments?

To get some perspective, please be aware that there are a huge number of people who deny the existence of the Holocaust. There is a real danger when historic events are manipulated for personal agendas and to preserve prejudices. My own ancestors were persecuted and driven out of their homes at least three times. My 3rd Great-grandfather, John Tanner, was brutally hit over the head with a musket and severely injured. Do we write these incidents out of our history because they are unpleasant to remember?

We are family historians as well as researchers of the past. We need to preserve the present as much as we can and not pick and choose our subject matter based on our own personal preferences. But Tony's question remains, how do we do this without offending presently living relatives?

In my own case, I keep a journal. I usually share that journal regularly with my family. But guess what? Some parts stay in the journal and don't go to the family. If they take the time to read all of it, after I am gone to my reward, then they might find a few things that they didn't know or hear about. The trick here is keeping the information in an accessible and yet not too accessible format so that future generations can discover the information, but not until the parties involved are deceased. In some cases, this may be in the form of a "time capsule" only to be opened at some future date.

Sometimes the key to unraveling family mysteries lies in the unknown and unknowable. There are likely some parts of our lives that are best forgotten, but that probably doesn't extend to relationships that will impact constructing a valid family history.

Very Interesting New Search Tools for Genealogists

OK, once in a while, I find some really interesting programs with a huge potential to help genealogists. Sometimes these programs work out and become popular and sometimes they sort-of disappear into the aether. Here are three utility programs that fill a definite niche in our online searches. They come from Blogger Randy Majors. He posted them in a blog post entitled, "AncestorSearch and the Historical Google Maps tools are back in action!" Here they are quoting from his blog:

AncestorSearch using Google Custom Search: searches using the full power of Google, and then filters exceptionally well so you're more likely to find mentions of ancestors you otherwise might miss buried in thousands of Google search results. Many people are surprised at what AncestorSearch finds, even for ancestors that they had searched for exhaustively over the years.

Historical U.S. County Boundary Maps interactive tool: find the correct U.S. jurisdictions for the place and historical timeframe you're researching. Then, overlay research locations on the map such as courthouses, cemeteries, churches, and libraries, and link right to them for more information.

Historical World Political Boundary Maps interactive tool: find the correct world country boundaries for the place and historical timeframe you're researching

I could have used all three of these multiple times in my classes this past few months. Take a look and see what you think.

In and Out

During the next few weeks, I will be finalizing our move to Provo, Utah. We will be back and forth between Mesa, Arizona and Provo. There may be several days when we are traveling and I will not be able to write blog posts. Maybe, you could go back and read some of the ones you skipped when I posted three or four in one day? :-)

Don't be alarmed. I will also be gone on some trips during the next few months. I will try to keep up with the posts, but there may be periods when I have no Internet connection. Yes, I do go to such places. Thanks for your patience.

The Barriers to Becoming a Genealogist

Ralph Waldo Emerson is quoted as writing, "All the thoughts of a turtle are turtles, and of a rabbit, rabbits." I could paraphrase that statement and say that all the thoughts of a genealogists are genealogy. Once you reach a certain level of involvement, it is hard to imagine people who are not interested in genealogy or family history and know absolutely nothing about the subject.

Whether we view genealogy as exclusionary or inclusionary, we collectively seem to agonize over its lack of universal appeal. During the past few months, I have mentioned the subject of isolation in a few of my classes. In response, I see almost uniform sympathy for the problem of lack of support for genealogical research from genealogist's own families. It is very rare to find a genealogist who has any kind of family support system for his or her research. Many genealogists have spouses that are indifferent or even in some cases, antagonistic, to their research efforts.

Because of this nearly constant background of indifference or even antagonism, I have been thinking a lot about the barriers to becoming interested in genealogy. I believe these barriers fall into some general categories. Here are my ideas about why people reject genealogy as a pursuit:

1. Lack of reading, computer or writing skills
After teaching hundreds and hundreds of people about genealogy, I find that the biggest barrier to interest and pursuing research is a simple lack of basic skills in reading, writing and computation (arithmetic). Many people simply do not grasp the concepts involved no matter how much time I spend with them and how much effort they put forth. Estimates of functional illiteracy in the United States run as high as 22% of the population. See Fast Facts, National Center for Education Statistics. The National Center for Education Statistics (NCES) (see Organizational Chart) is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations. NCES is located within the U.S. Department of Education and the Institute of Education Sciences.

Face it, genealogy requires a rather intense use of reading and writing skills. Without those skills, it is nearly impossible to do genealogical research. Nearly one out of four of the people in the United States lack the basic skills necessary to become involved in genealogical research.

2. Lack of computer skills such as keyboarding
I have recently sat patiently by as patrons at the Mesa FamilySearch Library have painstakingly entered their basic information into a family tree program, one letter at a time after searching the keyboard. Even with the highest motivation and desire to find out about their ancestors, lack of keyboarding and computer skills for a formidable barrier to involvement. Being able to operate a smartphone or a tablet does not equate with the level of sophistication necessary to adequately do online genealogical research.

Unfortunately, the demographics of those involved in genealogy work against computer literacy. Many genealogists, even those with extensive paper backgrounds, find themselves lost in the challenge of moving to an online, digital genealogical world.  The United States Department of Commerce reports that nearly one-third of the lack broadband Internet access. For help see DigitalLiteracy.gov.

3. Lack of interest in genealogy in general
Most people are simply not interested in spending time sitting in front of a computer or in a library doing research. These activities do not rank high as leisure activities for "active adults" and rank even lower for children and young adults. It may be considered to be "fun" to share stories or photos, but that is where it stops. Sitting down and doing data entry is often equated with homework and drudgery. Many genealogist spend an inordinate amount of time worrying about why their children or other family members do not like to do genealogy. The answer is quite simple; it appears too much like work.

4. Antagonism against talking about family matters outside of the home i.e. privacy concerns
There are cultural and social reasons why some people refuse to discuss family matters outside of the home. Talking to others about their family history is tantamount to revealing family secrets and privacy concerns override any interest they may have in doing genealogical research. I had a class yesterday where we discussed why or why not we would share our genealogical research online. I found a broad spectrum of opinions in just those attending that one class.

5. The general lack of available information about living or recently deceased family members
Privacy concerns carry over into legal and regulatory issues concerning the availability of recently deceased or living family members. For some, it is extremely difficult to find information about their immediate family and this becomes a real limit to any further investigations.

When we accumulate the totals of all of these categories, you can begin to understand why genealogy is not necessarily as popular as some would like to maintain. With so many people in the world, even very small percentages of real interest translate into millions of people involved. The main difficulty is that we cannot connect easily with each other.