Family History Woes
The Genealogue recently pointed me to this interesting story. Apparently, a family historian named Delia published to her blog a quotation from her grandmother's diary and is now being sued by other family members for copyright infringements and defamation.
The story raises interesting questions, particularly for those of us who have published letters and documents to the web or in other formats. However, I think that there is still hope for us.
To begin with, you can almost always publish a portion of a work under the "fair use" clause to the copyright law. Otherwise, critics, teachers and others would never be able to use quotations from works they cite. The exact amount that can be used has never been precisely defined, but based on the fact that Delia apparently only used a paragraph, she's probably okay.
I haven't just published a portion of these works, however. In general, I've published the entirety of the letters, diaries and so forth. Which brings me to my next thought, one that applies to what I've published, but not to what Delia published.
In general, genealogists are discouraged from publishing any information about the living, particularly online. For privacy reasons, it seems apparent why birth dates, maiden names, etc. shouldn't be easy to find online.
However, it seems to me that we should also be extremely careful about what we publish that involves the living: anything written by someone living obviously and anything written ABOUT someone living. This is particularly true if what was written might be controversial. What Delia published was a quotation from her grandmother that applied to a living individual, and which was not terribly favorable to that individual. You can see how that would rankle (whether or not there is a legal case).
In general, I have made it my practice to leave out anything on my site that was written by someone living or that is about someone living. Sometimes this has been hard. Still, the closest I have gotten to knowingly publishing about the living is publishing The Letter from Mother which includes some not-very-flattering portraits of "recently" departed family members (recently in this case meaning that some people in my family still remember them).
In terms of other copyright laws, I hope that I haven't broken them. I always volunteer to take down information if the copyright holder asks (no one ever has). Just contact me!
The story raises interesting questions, particularly for those of us who have published letters and documents to the web or in other formats. However, I think that there is still hope for us.
To begin with, you can almost always publish a portion of a work under the "fair use" clause to the copyright law. Otherwise, critics, teachers and others would never be able to use quotations from works they cite. The exact amount that can be used has never been precisely defined, but based on the fact that Delia apparently only used a paragraph, she's probably okay.
I haven't just published a portion of these works, however. In general, I've published the entirety of the letters, diaries and so forth. Which brings me to my next thought, one that applies to what I've published, but not to what Delia published.
In general, genealogists are discouraged from publishing any information about the living, particularly online. For privacy reasons, it seems apparent why birth dates, maiden names, etc. shouldn't be easy to find online.
However, it seems to me that we should also be extremely careful about what we publish that involves the living: anything written by someone living obviously and anything written ABOUT someone living. This is particularly true if what was written might be controversial. What Delia published was a quotation from her grandmother that applied to a living individual, and which was not terribly favorable to that individual. You can see how that would rankle (whether or not there is a legal case).
In general, I have made it my practice to leave out anything on my site that was written by someone living or that is about someone living. Sometimes this has been hard. Still, the closest I have gotten to knowingly publishing about the living is publishing The Letter from Mother which includes some not-very-flattering portraits of "recently" departed family members (recently in this case meaning that some people in my family still remember them).
In terms of other copyright laws, I hope that I haven't broken them. I always volunteer to take down information if the copyright holder asks (no one ever has). Just contact me!
Labels: ethics, family history, letters, news