Stanley Surname Network: DNA

Most genealogy websites, including ours, have the copyright symbol or statement. Sometimes there is an added statement such as "not the facts, but the design, selection and layout are copyright protected". On occasion we also hear "we don't want anyone to just steal our research and publish it as their own".

We are not about to start a book on copyright; we are no experts on the subject. We do know a little about copyright protection in genealogy and would like to share that with you.

Lets start with the facts that are published on genealogy websites (or at least we hope they are facts). Facts cannot be copyrighted. In genealogy. These would be your basic birth-, death- and marriage information are facts and cannot be copyrighted. Census records, tax records, land deeds, will and estate papers are facts and cannot be copyrighted. Material originated from the U.S. Federal Government cannot be copyrighted. Material placed in the public domain cannot be copyrighted.

Another important thing to remember is that in order to copyright something it has to be your intellectual property, it also has to have a creative expression, and it must be original.

Lets take the average genealogy website as an example and assume it has the following:

One or more genealogy reports, i.e. ancestor or descendant ordered, or in outline form;
A family tree;
A few old photographs from the late 1800's taken by a traveling photographer - very precious because they're one of a kind and the individual owns them;
Copies of selected bible pages - the bible is owned by a 3rd cousin;
Transcripts of selected census and tax records - transcribed by the individual;
A copy of the last will of the individual's 10th grandfather the individual took at the court house;
A transcript of a great great aunt's diary describing the hardships endured when traveling from Kentucky to California - the diary is in the possession of the individual's father;
Photographs, taken by the individual, of the headstones in the family cemetery;
A collection of obituaries from various newspapers;
A eulogy the individual wrote in memory of his father.

All this is displayed on a nice background, a pretty welcome graphic and matching buttons to click on for easy browsing. Several typefaces, carefully picked to be easy on the eyes of older readers, were used as part of the design. There's also a brief introduction on the homepage.

Starting with the genealogy reports and family tree: These are nothing more but a collection of facts (which can't be copyrighted), arranged (layout) in a certain way. Is there anything unique about this? No, all genealogy programs produce those. Other than that, the actual format, be it descendant or ancestor ordered, is a standard. If the individual inserts anecdotes about certain individuals, written by himself, than those anecdotes could qualify for copyright.

The one of a kind old photographs, owned by the individual: Ownership of an item does not translate in copyright. The photos were the intellectual property of the photographer, who may have had the copyright at the time, and maybe he willed the copyright to one of his heirs but more than likely it is now expired.

The copies of pages from a family bible: Those pages probably contain facts such as date of birth-, death- and marriage. This is not the individual's intellectual property, nor does it contain any creative expression.

Transcripts of select census and tax records, selected and transcribed by the individual: Census and tax data in itself is not original, and are facts. The manner in which transcribed census and tax records are presented would not likely stand the test of creative expression. That leaves the selection: There could be some originality, and that would be the only copyrightable part. In essence that means that someone else couldn't just copy that portion and use it as if it was his/her own. However, anyone can use any or all of the data contained in that portion.

The copy of the last will: This is a public document.

The transcript of a great great aunt's diary: The diary was the great great aunt's intellectual property and her creative expressions. We can safely assume that this work originated long before 1989 and we can also safely assume that the great great aunt did not invoke her copyright by stating so in the diary. Ownership of an item, regardless of how creative it may be, does not constitute copyright.

Photographs, taken by the individual, of the headstones in the family cemetery: The photographs are the individual's creative expressions and are copyrightable. However, the data within the photographs (names, dates) are not.

A collection of obituaries from various newspapers: This of course shouldn't need further explanation, but again there may be some originality in the selection.

A eulogy the individual wrote in memory of his father: This would be original and a creative expression, except for the facts that may be contained within.

The overall design then: The background, welcome graphic and matching buttons, if created by the individual can be copyrighted. Typefaces cannot be copyrighted. The introduction on the homepage could be another creative expression. Even if we were to take a close look at the "layout", how much originality is in it?

The word copyright means literally the right to copy. Going back to our sample genealogy website: The web owner has the right to copy, and unless he/she assigns this right to someone else, this web owner is the only one with the right to copy. Anyone else copying the website is infringing on the owner's copyright. It doesn't matter that you cited the website as the source of your - illegal - copy; it is still infringement. Yes, even if the majority of information within is material that isn't copyrighted since you are copying the entire package.

Fair Use

Does this mean that you can't copy anything that is copyrighted? Absolutely not. There is such a thing as "fair use". Copying someone's entire website or major portion thereof and incorporating it into your site is definitely not a case of fair use. Copying a portion of someone's family tree - based on facts - and incorporate it in yours because you are related, is not fair use, nor is it infringement. If the family tree contains lots of original expressions and you copy all, that would be infringement, but using only the portions that affect your direct lineage would be fair use. When you find a book about the Revolutionary War and it has a reference to your great grandfather, copying only that portion and using it is fair use.

Plagiarism

While copyright infringement is an offense, plagiarism is considered an academic crime and unethical. Plagiarism is using someone else's work - copyrighted or not - and not citing it as the source, thereby acting as though it is yours. Professionals committing plagiarism can (and often do) pay a heavy price: ruined reputations, loss of jobs. Plagiarism in some cases can also lead to fraud, which is a crime.

Plagiarism is what we, amateur genealogists, are mostly plagued by. As stated before, genealogies are for the most part a compilation of facts and as such is not copyrightable. We put our compilation of facts on the internet, and before you know it "your" tree is all over the place. Sometimes you are cited as a source, as it should be. Most of the time you won't be, and that is plagiarism.

Protecting Your Work

By now you're probably asking what you can do than to protect all the hard work you put into finding all these facts that made it possible to produce your family tree. There are two answers to that question:

Do not publish it, don't let anyone read it, and keep it in your lockbox. This is the only way your work remains yours. Of course it would be impossible to connect with other relatives but ... your work is safe.
Become the source of your work (our favorite!). One of the standards of the National Genealogy Society reads: "include unambiguous source citations for the research data provided on the site, and if not complete descriptions, offering full citations upon request."

Anyone interested in family history should properly record the sources of their findings (we will devote a page to citing sources in the near future). However, when publishing your family history on the internet, or sending gedcoms or genealogy reports, you do not have to include your analysis and/or evaluation of facts found nor do you have to include your sources. What you would have to do is offering those analysis and/or sources upon request.

This will not stop anyone from just copying and using your work, however, people using the copied work (including the copier) will have no idea as to how valid the information is. IF they decide to verify the information they've been using, they will have to do the same hard work you put in it and start from scratch.

Serious family historians wanting to use the information on your website will take you up on your offer and ask you about your sources. They will also tell you why they would like to know your sources (connections). Serious family historians will record and cite you as a source, and last but not least: They will ask your permission to use your information and they will give you their sources for their connection(s).

It has been said that genealogy is a labor of love; there is no statement more true.

The U.S. Copyright Office

None of the following may be duplicated without consent:

The selection, arrangement and/or presentation of facts located on this web site or any major portion thereof.
The original expression that the facts and other materials of this web site are clothed in, except as allowed under the "fair use" provision of copyright law.
Any original graphics and/or photographs unless otherwise stated.

Our copyright does not extend to the following, except for their selection, arrangement and/or presentation within our work:

Any material that originates from the U.S. federal government, which in virtually every instance is automatically in the public domain.
Any other material that is in the public domain.
Any material on this site that is copyrighted by others, which either is here by permission, has been published here by owner or is used under the "fair use" provision of copyright law.

All facts located on this site can be freely used.

This site may be freely linked to using a text link or our logo (did we mention that you cannot copyright a logo?) You can use the animated logo or the still version:

Stanley Genealogy, as part of the Stanley Surname Network, is not an organization, commercial or otherwise, and is not affiliated with any organization, commercial or otherwise, nor is it sponsored by any organization. Its sole purpose is to provide free information of genealogical interest to Stanley (and all variants) researchers from around the world.

Material contributed to this website:

will not be sold, nor will it be made part of a commercial product by its administrators.

remains the intellectual property of the owner.

The Stanley Surname DNA Project is not an organization, commercial or otherwise, and is not affiliated with any organization, commercial or otherwise, nor is it sponsored by any organization. The Stanley Surname DNA Project is completely independent. Its Project Administrators do not benefit financially from this project, nor are they employees with any DNA testing company. Its sole purpose is to assist Stanley researchers in finding and/or verifying family connections.