tag:blogger.com,1999:blog-3793782800729950147.post586425797225631689..comments2024-03-26T21:29:07.190-07:00Comments on Rejoice, and be exceeding glad...: What is "Your" Family Tree? A New Addition to the Basic Rules of GenealogyJames Tannerhttp://www.blogger.com/profile/02989059644120454647noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-3793782800729950147.post-76204532303525156852019-05-28T11:55:51.975-07:002019-05-28T11:55:51.975-07:00You are correct. I agree. However, the Family Tree...You are correct. I agree. However, the Family Tree also provides for Adoptive, Foster, Guardianship and Step parent relationships with children. Going back in time to a third great-grandparent is where the issue begins. The presumptive relationship is biological unless a record suggests otherwise. I have always maintained that a worldwide tree should recognize other cultural family relationships that correspond to biological parenthood in our Western European concept of a family. For example, in some cultures a child is nurtured and cared for by a grandparent or an uncle or aunt. In our own culture here in the United States, more than half of the families are blended with one or more sets of parents. James Tannerhttps://www.blogger.com/profile/02989059644120454647noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-5226997037416880422019-05-28T11:05:01.970-07:002019-05-28T11:05:01.970-07:00Under Rule 3: "Every person who ever lived ha...Under Rule 3: "Every person who ever lived has a unique ... set of biological parents." While that IS true, over the past 50 years, as I have been working on my family tree, I have never searched for "biological parents." I have always searched for legal parents. In other words, I have searched for paper proof of the parents of my ancestors. This paper proof has taken the form of family bible records, marriage records or divorce records, death records, wills, probate records, deeds, court records, letters, etc. All of that tends to prove who someone's legal parents are, and none of it proves who their "biological parents" are. From my perspective, the search for biological parents is something that has started only in the last few years, with the rise of DNA testing. But, there is no guarantee that your biological gr-gr-gr-grandparent (who may have just been the mailman) is also the legal parent of your gr-gr-grandparent.David Bowmanhttps://www.blogger.com/profile/14673241422745751614noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-52085841640148167442019-05-28T07:44:13.868-07:002019-05-28T07:44:13.868-07:00Exactly, thanks for the additional note. Exactly, thanks for the additional note. James Tannerhttps://www.blogger.com/profile/02989059644120454647noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-6372217382213236392019-05-28T00:37:34.187-07:002019-05-28T00:37:34.187-07:00Then there's also the recent case Fourth Estat...Then there's also the recent case Fourth Estate v Wall-Street.com where it was held that in order to proceed with a copyright infringement case in the United States a valid copyright registration must be in place with some very, very minor exceptions. That's a further block in the road to a genealogical copyright case being initiated by a genealogist. After all how many of them would even have heard of copyright registration, let alone know of the requirement of Fourth Estate v Wall-Street.com?Davidhttps://www.blogger.com/profile/05555471831028752100noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-86035150201514975972019-05-27T16:59:51.712-07:002019-05-27T16:59:51.712-07:00In addition, I think it is interesting that for ye...In addition, I think it is interesting that for years I have been searching the Federal Cases for copyright cases and almost all I find were instigated by large corporations. There are virtually no cases involving issues that even remotely relate to genealogical research. Filing a lawsuit to claim a copyright violation involves spending tens of thousands of dollars in legal fees. In addition, even if you won, you might or might not recover those fees even though fees can be awarded by statute. James Tannerhttps://www.blogger.com/profile/02989059644120454647noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-46614745976784736512019-05-27T09:56:37.001-07:002019-05-27T09:56:37.001-07:00Mere sweat of the brow does NOT provide copyright ...Mere sweat of the brow does NOT provide copyright protection. Feist v Rural in the US. Even in the EU with its sui generis database right that right only lasts 15 years from the last substantive change to the database.<br /><br />Would personal photos be copyrighted? Unless they are merely photographs that copy archival documents then yes they would be. Would narrative components of your research be copyrighted? Yes they would be to the extent that they are your own work.<br /><br />Family trees are mere compilations of facts in almost all cases. They differ from telephone directories in the method of arrangement, but arranging family trees by family groups is NOT an original enough form of arrangement to attract copyright protection. There is only one possible form of correct arrangement for a biological family tree (what the vast majority of people do research on).<br /><br />When it comes to reproduction without your permission, what loss would you suffer from such a reproduction? Are you a professional genealogist? If so then you might be able to argue that you would suffer monetary loss. However even then professional genealogists tend to be employed on unique, new cases for clients and it is the clients paying them for the research time. The professional genealogist would not make money from flogging copies of the research once done.<br /><br />If looking at your work I where it intersected one of my direct or collateral lines I would have no hesitation in using it to further improve a public tree. Where appropriate I would source so plagiarism would not come into things. I would also not reproduce copyrightable elements such as personal photographs or narrative content. However the structure of the tree itself? Fair game.Davidhttps://www.blogger.com/profile/05555471831028752100noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-31103454146717687232019-05-26T18:31:52.479-07:002019-05-26T18:31:52.479-07:00You are right and I strongly agree. But when deali...You are right and I strongly agree. But when dealing with the FamilySearch Family Tree, the attitude of ownership creates a whole series of problems including anger and frustration when entries are changed with or without supporting documentation. James Tannerhttps://www.blogger.com/profile/02989059644120454647noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-21152800124742462602019-05-26T10:03:00.828-07:002019-05-26T10:03:00.828-07:00"My" and "your" don't dete..."My" and "your" don't determine accuracy. It's the evidence that matters.Elizabeth Shown Millshttps://www.blogger.com/profile/08975434417194978972noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-40311178008695942242019-05-26T06:16:20.973-07:002019-05-26T06:16:20.973-07:00I understand your position just as long as you rea...I understand your position just as long as you realize that your claims to ownership are culturally based and you need to think about what will happen to all that work once you die. James Tannerhttps://www.blogger.com/profile/02989059644120454647noreply@blogger.comtag:blogger.com,1999:blog-3793782800729950147.post-86190363209190230022019-05-25T15:06:39.924-07:002019-05-25T15:06:39.924-07:00I have always said I do not own my ancestors, I ow...I have always said I do not own my ancestors, I own my research time, effort and findings should I, myself, do the finding. I do not own public, government, church, etc documents I find. That said, when I have done the research and written it up with the inclusion of personal photos, documentations and my research, then it is my work and should be protected from at least being reprinted or sold without my permission. Which is why I do not put it out on any public or paid for site. I share with family and other researchers when asked, but I ask that they not publicly share what I have done but use what I have for their own research plan. Siusaidhhttps://www.blogger.com/profile/07679736380909462321noreply@blogger.com