Copyright Information

The IDGenWeb Project---and all projects that fall under this name---reserves the right under U.S. Copyright law: 17 U.S. Code § 102: Subject Matters of Copyright in general. To read more about this code, click the tab called “Copyright Information” above. As mentioned in the “Information Statement” all works displayed in The IDGenWeb Project are protected under this code, not the Facts to which is open domain for our Patrons to collect and gather for their own personal use.

The Works that are protected fall under 17 U.S. Code § 102 are ¶ (a)(1) literary works, (a)(5) pictorial, graphic, and sculptural works, and (a)(8) architectural works, to the authorship---the IDGenWeb Team or Contributor(s)---of each projects under The IDGenWeb Project. The IDGenWeb Project reserves the rights as the authorship, in general. Also, the Contributors reserve the same rights as those under The IDGenWeb Project.

Again, the facts are not copyrighted information of any individual because they are just that “facts” to the public.

What are considered “facts”? --- “Facts” are the data or pieces of information collected from various records; for example, names, date of birth, place of birth, date of marriage, place of marriage, date of death, place of death, and so on, and are considered “facts” to the public.

The IDGenWeb Project shall offer other resources, if needed, to better understand how the copyright law and genealogical information works under the U.S. Copyright law, as well as offer to give the patrons better understanding of what’s being used on all the USGenWeb projects, which The IDGenWeb Project is a part of. The following links will take you offsite from these pages, but offers great understanding of how copyright and genealogy co-exists.

• USGenWeb Copyright Information
• Copyright Fundamentals for Genealogy
• Legal Genealogist: Copyright and the Genealogy Report
• Rootsweb: Documentation and Copyright
• Interment.net: Copyrighting Genealogical Information

Printed Works

The following information on printed works given, in brevity, to understand what is or what isn’t considered copyrighted under the law. Each item is displayed by year of publication, the exclusive rights of the works, whether protected or not, and if so, the duration of copyright works to expire.

• Prior to 1904, public domain, considered “out-of-print” or “copyright expired” which is no longer protected by the copyright law.
• 1904 to 1963, copyright expiration upon 75 years of publication date, The U.S. Copyright office finds it lengthy to research if ownership still exist.
• 1964 to 1977, protected under the copyright law for 75 years after its publication date.
• 1978 & present, all publications are protected by the copyright laws.

In general, any publications created on or after January 1, 1978 are copyrighted for 70 years beyond the life of the author of publication, after which it lapses into public domain. In cases where there are two or more authors of the same publication copyright shall last beyond the last surviving author’s death. Those publications which written under the copyright law as “made for hire” or anonymous and pseudonymous---unless author’s identity’s known to the U.S. Copyright office records---the duration of copyright shall be 95 years from first publication date or 120 years from its creation, whichever is shorter. Publications that exist but are not published or registered in the copyright office on January 1, 1978 are given the same protection as mentioned above, and are guaranteed at least 25 years of protection.

The following copyright law is cited, in parts, from the United States copyright website at https://www.copyright.gov/title17/92chap1.html under Title 17, Chapter 1, Section 102 as to which subject matter and scope of copyrights in general. Also, this copyright law is available in PDF format at https://www.copyright.gov/title17/chapter1.pdf. For more information visit their website or write or call them:

Title 17 | U.S. Code § 102
Subject Matter of Copyright: In General

Chapter 1(1): Subject Matter and Scope of Copyright:
    § 101: Definitions (2)
    (see website for details)

    § 102: Subject Matter of Copyright: In General (3)

1. 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.
2. 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.

Cited Source:

U.S. Copyright Office, https://www.copyright.gov/title17/92chap1.html (Accessed: September 2, 2017).

Source Information:

1. Chapter 1: Footnote 1. --- 1. In 1980, section 117 was amended in its entirety and given a new title. However, the table of sections was not changed to reflect the new title. Pub. L. No. 96-517, 94 Stat. 3015, 3028. In 1997, a technical amendment made that change. Pub. L. No. 105-80, 111 Stat. 1529, 1534. --- The Satellite Television Extension and Localism Act of 2010 Act amended the title for section 111 by adding “of broadcast programming by cable.” Pub. L. No. 111-175, 124 Stat. 1218, 1231. It amended the title for section 119 by substituting “distant television programming by satellite” for “superstations and network stations for private home viewing.” Id., 124 Stat. 1219. The Act also amended the title for section 122 by deleting “by satellite carriers within local markets” from the title and inserting “of local television programming by satellite.” Id., 124 Stat. 1227.
2. Chapter 1: Section 101. Footnote 2. --- The Audio Home Recording Act of 1992 amended section 101 by inserting “Except as otherwise provided in this title,” at the beginning of the first sentence. Pub. L. No. 102-563, 106 Stat. 4237, 4248. The Berne Convention Implementation Act of 1988 amended section 101 by adding a definition for “Berne Convention work.” Pub. L. No. 100-568, 102 Stat. 2853, 2854. In 1990, the Architectural Works Copyright Protection Act amended the definition of “Berne Convention work” by adding paragraph (5). Pub. L. No. 101-650, 104 Stat. 5089, 5133. The WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 deleted the definition of “Berne Convention work” from section 101. Pub. L. No. 105-304, 112 Stat. 2860, 2861. The definition of “Berne Convention work,” as deleted, is contained in Appendix P.
3. Chapter 1: Section 102. Footnote 28. --- In 1990, the Architectural Works Copyright Protection Act amended subsection 102(a) by adding at the end thereof paragraph (8). Pub. L. No. 101-650, 104 Stat. 5089, 5133.

Frequently Asked Questions (FAQ) of U.S. Copyright Office

These two questions seem appropriate, in general, for The IDGenWeb Project.

What does copyright protect? --- Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

Can I copyright my website? --- The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

Cited Source:

U.S. Copyright Office, https://www.copyright.gov/help/faq/faq-protect.html (Accessed: September 1, 2017).