Document Images in Memories

The Guidelines for uploading Photos, Documents and Audio Recordings https://www.familysearch.org/legal/familysearch-upload-guidelines-and-policies may be useful.

@SerraNola I think it's a good question - and I hope a professional opinion/response is offered in this thread.

Short Answer: Yes, anything restricted should attach documented 'permission for use' - whether that already be included within the FamilySearch collection citation or individual user Notes. Specifically with reference to duplicating Sources to profile Memories this should be done carefully in my opinion (you may not have permission to distribute copies).

My extended layman's opinion:

According to my understanding - it really depends on the license/permission granted by the collection record custodian/owner. Many times a 'personal, noncommercial use' license is granted - Family Tree is expressly not personal use (it would be a violation of copyright distribution) - however, since FamilySearch is a noncommercial platform there is a bit of gray area (I think). When uploading content - the uploader is granting FamilySearch an unconditional, perpetual license for use of that content (at least from my last reading of Terms/Guidelines). The uploader is not granting such a license to any other user of the platform. One cannot really grant FamilySearch a greater license to use a collection that it may be otherwise contracted to elsewhere - or the individual's contract may not be extendable without specific documented 'permission for use' - thus the specific question of uploading to Memories. Of course FamilySearch guidelines (referenced by Áine Ní Donnghaile above) specify that if the record is from a commercial provider - you need to obtain permission/legal right to use the material that is copyrighted. A subscription to a commercial provider may loosely provide such permission - but again there may be gray area if the links/image are either not permanent links or the license does not extend past the subscription/contract period. Thus it is best to obtain express documented permission for such use.

If one obtains permission from the record custodian/owner/archive - one could include 'Used with permission ...' in Notes. The problem with that is that the 'permission document/signature' cannot also be attached. I believe I have submitted such an Idea - and yes it really would be nice if there were an industry-wide licensing implementation.

Genealogical data on the other hand is not copyrightable - so minimally a researcher could transcribe that data and input it as a Family Tree Source (with citation to the record custodian/commercial distributor) - and I believe such would constitute fair use of the record.

If images only viewable at FSC/FSL are restricted for such issues - FamilySearch: 1. could have either already negotiated for attachment in Family Tree or 2. could prevent such attachment from those collections. Besides not knowing terms of any collection contracts - the problem I have with this is that none of these restrictions 3. prevent a researcher (or their agent) from legally obtaining access to a collection and creating their own record image and transcribing whatever genealogical data they wish (travel cost included) and then attaching that to Family Tree directly from the custodian/archive and entirely legally attaching their image/transcription. So essentially FamilySearch is assisting record custodians in the entire process in exchange for making records attachable in Family Tree (though again not privy to contract terms).

So private record custodians should have an interest in providing access/permission to the public as easily as possible - and providing clear terms of use. Public records on the other hand are a different ball game and really should be public to begin with.

for anyone interested here are some notes I have gathered about genealogy and copyright law.

(note most items created prior to 1923 are in the public domain)

https://yanceyfamilygenealogy.org/copyright.htm

just remember that copy right law is not always the only law that applies.

these items appear to be on microfilm. Where does it say they such material is restricted in some form (other than the fact that it is just on microfilm and not digital format)??

without some explicit statement of "terms of use" I would say this is in the public domain as well as "fair use"

and if it was me - I would not have an issue posting an item from this in FS memories.

(but that is just my opinion and I don't represent FamilySearch in such a statement)

it says MAY have . . . . without some specific verbiage I dont think we can just assume that there is some restriction. Its just one of various scenarios.

again I feel that copies of a few pages is either under "pubic domain" or " fair use" until someone can point us at something specific to this source - and that is not just some generalized statement.

And if it is available at Ancestry - then again - it seems the owning institution apparently doesnt consider it copyrighted - though indeed it is quite possible that when the owning institution worked out there agreement with FamilySearch - there was indeed an agreement that FS would not distribute it widespread digitally - (but thats an agreement between FS and the owning institution) but that doesnt mean a single user cant make a digital copy of a few pages and post them on FS Memories.

agreed - but even if we knew the contract between FS and the owning institution

that usually only explains the inter-relationship between these two entities and not whether a third party is in legal danger by taking a screen shot (or photocopy) and posting it elsewhere

so it becomes a very muddled confusing issue - that few people are brave enough to make a definitive legal statement on. as "it depends" . . .

I sincerely doubt that anyone at a Family History Center and even the Family History Library general volunteer staff who can access the image will know that answer.

the vast majority of them are just volunteers like so many others - that have no clue as to the contracts signed by FamilySearch - nor do they understand contract and copyright law.

obviously someone may know - but getting to that few select people - who really do know with certainty - can be like finding a needle in a haystack.

@SerraNola No actually I could not even see that the collection is available at a FamilySearch Center - there is no key with camera icon (oh now that your image showed up I do see that). That's some pretty secure firewall preventing access - since I cannot even see that there is Codogno digital collection (though yes at this point every microfilm is completely digitized per FamilySearch announcement). If the location is actually Albareto, Parma - then I think I did see a collection for that in Search> Images. I'll take a glance to see if I can see any from Codogno (sorry I don't research Italy). Nope no records show from Codogno... results from parent: Albereto di Borgotaro 25 total

• 6 PLACES WITHIN
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• San Quirico

Santi Antonio e Savino church registers (Codogno) just don't appear anywhere for me on FamilySearch. It looks like even the Antenati site doesn't have them currently available (they'd probably show up there first).

I do see the Civil registration you reference in the image above in the Catalog. The camera with key icon does imply only personal use.

Otherwise, I would abide by FamilySearch policy then - put the image(s) in your local computer/3rd party tree management solution - but not in Memories (for now). However - I believe - you could make a transcription document for the records you are interested in and put those in the profile Memories to whom they belong - or enter the relevant Vitals/conclusions into the profile Details - or both as long as you cite the following (according to terms).

I believe the relevant copyright/terms of use statement from the Parma archives:

I believe the relevant Terms of Use for the Antenati site:

https://antenati.cultura.gov.it/note-legali/

Since I cannot verify nor see any of the Codogno records on either site - if you can - I would follow the terms for whichever site you access records. The Antenati site terms are more restrictive and seem to indicate that you could quote - or as I mention above transcribe the individual records and post them on FamilySearch - with the requisite copyright and author citation included. The copyright does restrict the images to personal use only - so I would recommend not posting any Antenati image until FamilySearch releases an approval announcement or unless you write the Directorate General Archives of the Ministry of Culture and receive their express permission:

However, it appears FamilySearch has already released an announcement that you can attach these Italian records into Family Tree. That is confusing - perhaps we need a moderator to follow-up please.

Thanks for checking on that @Maile L

Do you think you could arrange to have that in Announcements or somewhere we could access easily when we need to refer someone to the information? Thanks for all you do!

@Maile L Thank you for following up (again)! I do have concerns about how some connect collection images to Memories. I believe it may be a wider problem than some may think. Specifically I would like to know if collections can/will include such usage terms so that those careful researchers might know whether they are allowed to do so. For example, I would think Ancestry share links are pretty safe to share. Or link sources (through member account) while the account is active. But I really would like to know if adding to Memories and the account terminated -whether that removes usage license for such. In other words if a subscription allows sourcing to a permanent link/Memory image - even if the subscription later expires? I think it would be good to know such. For this thread I find it interesting to note that the Parma Archives terms link was less restrictive than the Antenati site (usually in my experience an archive would be more restrictive - but I guess the Antenati IP may be the difference). So does this mean if Parma Archive records are obtained they could be attached to Tree without restriction? The licensing link for Parma Archive (above) is no longer working for me - perhaps that is licensing only for Italian citizens (I don't know).

@Genea logie as I mentioned in your other thread, the official answer was posted above by @Maile L.