Copyright fact and fiction

On March 4, I attended Minnesota Genealogy Society’s webinar “Copyright MYTHconceptions.” Judy G. Russell, a genealogist and retired lawyer, presented the information.

Much confusion centers around copyright, especially when it comes to genealogy materials.  This webinar addressed common myths surrounding copyright. I've highlighted a few of the most interesting ones below:

• “It’s not copyrighted without a copyright symbol.” This is only true for material published before March 1, 1989. The law changed on this date making it optional to use a copyright notice. After this date, the work may be copyrighted even if it doesn’t have the notice.
• “I own the copy of the thing, so I own the copyright on it.” Also not true. Owning a physical copy of the item does not give you the right to use it as you wish. For example, if a family photograph is taken by an aunt, she owns the copyright. You need her permission to use it, even if you have the only copy.
• “Using less than 10 percent means it is fair use.” This is a very common misconception. Unfortunately, there is no set amount that is considered fair use. Fair use depends on several factors. They are: how you are using the material, nature of the copyrighted material, and the amount and substantiality of the portion used. More information on fair use can be found here.
• “But it’s my family.” Even if it is your own family member who created the work, you still do not automatically have the right to use it as you wish. Copyright can be inherited. If it wasn’t, you need the permission of the family member who created the work, or the family member who inherited the rights. 

If you would like to read more about copyright, below are some useful resources:

• Copyright basics
• Duration of Copyright
• U.S. Copyright Office. General Info.
• Public Domain in the U.S.
• Cornell University, Copyright Information Center