Opinion: Memory Source> Gallery Media/Access Restrictions and Permissions

genthusiast

• What are you trying to accomplish? Why? Not a new Idea. I have no idea whether there are similar current/open Ideas. In keeping with my general opinion of restricting open-edit/ finalizing profile vital identity (otherwise known as data integrity/preservation) - this Idea rambles a bit upon restricting Memory Source access based upon either Archive restrictions or Family Group wishes - because such restrictions can exist from either Archive or a Family Group may wish to restrict such. But this Idea also may extend to FamilySearch Indexed collections that may have contracts which expire. For records in Family Collections or field Archives - records which FamilySearch has not imaged - there need to be some options for access restriction - currently it is all or nothing (understandable) - such restriction may allow for greater preservation and restricted sharing needs. That FamilySearch requires relinquishing copyright license for Memories upload - granting exclusively to FamilySearch a perpetual and free use license - should not necessarily mean granting such to all FamilySearch users. FamilySearch Terms of Use specifies all downloads are permitted only for personal noncommercial use. Again I think the problem could be the mashed-up context of Family Tree (containing 'My Tree' and Family Group Trees within) - if these trees were separate contexts, then the access restrictions could be expressed easier within those contexts and also exposed to Family Tree. As it is - there are not Memory/Memory Source attributes which allow such expression (at least not to my knowledge - Notes seem to be the 'catch all' - which doesn't address this issue sufficiently).
• What is the challenge or roadblock you are encountering? None in particular at the moment that I am aware of. This Idea as some of the others I have proposed - is largely theoretical - to address future preservation/need for sharing of research. FamilySearch Gallery and thus Memory Sources do not currently have such restriction/access level options. All Gallery submissions are uploaded as Public initially and then the user can mark Private. In addition full unrestricted copyright license to FamilySearch is granted. Minimally for this Idea, such permissions should be documented/attachable with such material (if restriction is not workable then documented permission should be minimally included). For example, a Family Group may allow certain copyright use amongst the Family Group, but restrict use to non-Family Group Tree users. This could then extend to Memory Sources as different levels of Source abstraction - based upon membership of Family Group(s). In other words, all Memory Sources should have such differing levels of abstraction and documented permissions. That some users upload to Gallery - images of collections accessible from other platforms - or even from FamilySearch - does not mean they have obtained such permission. If there is documented permission for such - this will resolve any future permissions violations/claims. For example, if I purchase a subscription to a platform that allows me to access/download document images relating to ancestors - uploading of such to FamilySearch platform is only valid if such permission is granted by the subscribed platform. Contracts would have to be read carefully to see if such a subscription allows such distribution. For example, a newspaper accessed by subscription through a limited distribution channel may not grant perpetual/persistent link to such indefinitely - and may not expressly grant such permission from the current newspaper/copyright entity. What I wish for is documented permission field/stamp such that there is no question that such permission has been granted. BEFORE someone suggests it - Yes I realize there are other options for sharing information within a Family Group (snail mail, email, publication, social media, etc) - this is NOT what I am talking about in this Idea. Please read the Idea. ... Additionally I would like to see resolved - the problem of images of collections which FamilySearch has contracts from records custodians to allow persistent images of such in Source attachments. I dislike the Idea that a Contract expiring may remove image access to attached Sources (when linked under contract - they should provide a persistent/perpetual link or else transfer to such, or minimally refer to the expiring records custodian - there should be an easy method for users to request such permission from records custodians.).
• What is your idea? There minimally needs to be 3 levels of Memories access/control: 1. Private: If an Archive/record custodian allows image copy 'for personal noncommercial use only' then the Private option for uploading to Memories may be acceptable to the Archive - but unfortunately FamilySearch Gallery does not allow initial Private upload (at least to my current knowledge). There needs to be the option to upload as Private for these situations - unless FamilySearch Terms of Use are already substitutionally equivalent to allow such distribution (my point is that if you obtain the record custodian documented permission - there is/should be no question). Additionally such use might require documented Permission to be attached with the image/document - such that the Archive can assign/permit such use (this is not an available feature currently - though there is a Description field - there should be a documented permissions/record custodian signature/stamp field - indicating the Archive/record custodian consent). For such Private documents there may be information that could be abstracted - genealogical data is generally considered fair use - and could be exposed differently via one of the following higher access levels. Indications of such research/data citations could be exposed to the following access levels but not the actual images/documents. 2. Family Groups: Family Groups may wish to share some Memories in Family Group context but NOT allow Public access. Again citation of such Memories might be exposed publicly but access restricted. 3. Public: Memories made public largely remove copyright enforcement/retention of rights (how is one to know of a violation unless the platform restricted?). Additionally fair use would generally require a user distributing such image/document to indicate/cite the source; however, the Terms of Use - as mentioned above should restrict such distribution (individual user compliance).
• How would solving this challenge improve your experience? Rather than only Private or Public options - this would fill in some gaps for restricted access/permissions and provide documentation for such. Such implementation should resolve permissions for perpetual/persistent attachment of Sources/Memory Sources within Family Tree.

So the basic questions for FamilySearch:

Does the FamilySearch Terms of Use cover all collections currently available/under contract?

Does such use extend - for private users who may download such images while under contract - to any point in the future regardless of contract status? And corollary - if not - is there a proper way to document record custodian permission for such use with the image copy/Indexed Source (would such permission be documented only available via Source Box rather than Indexed Source Notes)? If not, I would request this Idea for consideration.