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| robin pellicci moore (#46903322)
 | member for 6 years, 2 months, 9 days |
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| Bio and Links |
Born in Marion County, South Carolina which is my main area of research. I'm currently going back over each of my memorials, trying to make links and see that each one is as complete as possible. I think it's going to take me a long, long time...
Please visit my dads memorial, Anthony Thomas Pellicci
"OUR FAMILY CHAIN IS BROKEN AND NOTHING SEEMS THE SAME,
BUT AS GOD CALLS US ONE BY ONE THE CHAIN WILL LINK AGAIN."
The following article can be found in its entirety at this website:
http://www.legalgenealogist.com/blog/2012/09/12/copyright-and-the-obit/
COPYRIGHT AND THE OBIT
Posted on September 12, 2012 by Judy G. Russell
"...So as far as any obituary published before 1923, it's fair game and nobody has to be concerned about it at all.
Second, if something was published between 1923 and 1963 with a copyright notice — and most newspapers did include some kind of copyright statement somewhere in their pages — that copyright ended 28 years after publication unless the newspaper renewed the copyright by filing a registration with the U.S. Copyright Office and paying an additional fee. It may not be the easiest thing in the world to check to see whether a newspaper renewed its copyright — the records exist in an enormous card catalog in the U.S. Copyright Office at the Library of Congress — but my bet is that the vast majority of American newspapers didn't bother renewing their copyrights on their archival editions.
So... any obituary published between 1923 and 1963 became public domain — fair game — 28 years later. An obituary published in 1950, for example, went into the public domain in 1978; an obituary published in 1960 went into the public domain in 1988.
Third, the fact that the obituary ran in the pages of a newspaper that was copyrighted doesn't mean the obituary itself was covered by copyright — or, at least, not by the newspaper copyright. Remember that facts by themselves can't be copyrighted. There has to be some spark of creativity for copyright protection.
So a newspaper that used a fill-in-the-blanks form and printed nothing but facts might very well not be able to claim copyright in the obituary at all.
Fourth, just because the newspaper published the obituary doesn't mean the newspaper owns the copyright. Here again remember that whoever actually contributed that creative spark, that original expression, is the author and it's the author who owns the copyright unless the author signs a written agreement giving the copyright to somebody else.
...Most obituaries aren't written by newspaper staff — they're written by the family or by the funeral home with information from the family. There are exceptions, of course — and you should be especially wary of using anything that ran with a by-line, that little section under the headline that identifies the writer.
And if those aren't enough "maybes" for you, let's throw in one more big one. It's called the fair use doctrine, and it's set out in federal law at 17 U.S.C. § 107:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means …, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
Even if something is copyrighted, you can still use some part of it if your use qualifies as a fair use. How does this use stack up against the statutory test?
• Transcribing old newspaper obits for a historical society to give away sure looks like a nonprofit educational purpose.
• The obit itself is mostly factual, so the nature of the work is given less protection.
• All of the obits ever published by one paper probably aren't very much of the contents of the newspaper as a whole.
• And unless the newspaper is selling transcriptions, there's not much effect on the market for the obit, is there?
So the transcription could very well be a fair use even if the newspaper does have a valid copyright.
And so, after all that, the answer to the question of whether the local historical society was violating the newspaper's copyright is — brace yourself, you know it's coming — it depends."
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| | Messages left for robin pellicci ... (5) | [Leave Message] |
Charles K. Craven, Jr.
 | Branson Lane Craven (Charlotte Smith Craven)
I have some relatively detailed information about Branson Lane Craven if you are interested in that lineage. I am his GGGSon through Robert Charles (1851) - Arthur Frank (1885) - Charles Kinsman (1934) - Charles Kinsman Jr (1958). Would be glad to confer if you like. Regardless, thank you for your Find-A-Grave contribution of Charlotte's final resting place.
CKC
CKCraven@Hotmail.com
| | | Rich Dohm
 | Charles Marion Gasque ~ Hollywood Cemetery
That's commendable. And certainly, the Hollywood Cemetery records office can assist you in obtaining a vets marker for Charles. You can reach them at 804-648-8501. Also, more info HERE. And I'd be honored to photograph it for you as well. Rich. | | | Jeff Murrie
 | RE: Photo
The three girls around the pond from left -right:
Loretta White
Anlafah Gasque Murrie
Carolina Campbell Collins Flowers
The fish pond was located in the front side yard of Loretta White's home in Mullins. | | | Patti Yourko Burns
| Floyd Correction
Hey Robin
I made the Floyd correction you suggestion and did a little digging. Pittman Floyd shot and killed his brother Charley H. Do you know anything about that? There is a link to Charley, who is buried at Galivants Ferry Baptist I attached his death certificate.
Patti | | | I Change My Name Alot
 | RE: Dillon - Nichols
I've been meaning to bring this up but have been busy and sick lately. (I'm full of excuses - ha, ha!)
Nichols is in Marion County near the Horry County boarder. When obits say, "He was buried in Riverside Cemetery, Nichols, S.C.", they really mean this Riverside Cemetery in Duford, Horry County. It's just across the county line and the river. It's very close to Nichols but technically in Horry County. It drives me bonkers when I see them put "Riverside Cemetery, Nichols" in an obit because I know it's gonna cause trouble on here. There's a lady who has put 16 memorials in the wrong Riverside Cemetery and I've tried to explain it to her once. I don't think she believes me. LOL
So, there's a Riverside Cemetery in Dillon County and in Horry County, but the Nichols Riverside is in Horry even though Nichols is in Marion County. Confusing, ain't it? :D
I need a stiff drink (Pepsi). That gave me a headache. Ha, ha!
Christie | | |
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