fair use copyright

Fair Use Copyright Explained in Carmack’s “Guide”

When you find information in a book, article, or online source and you want to quote or paraphrase it in your genealogy, when must you cite the source? If you quote the information and cite the source, can you use as much of the information as you want? The answers to these questions fall under the copyright principle of “Fair Use.”

According to “The Copyright Permission and Libel Handbook,” by Lloyd J. Jassin and Steven C. Schechter, “Fair use is a privilege. It permits authors, scholars, researchers, and educators to borrow small portions of a copyrighted work for socially productive purposes without asking permission or paying a fee.”

Sharon DeBartolo Carmack addresses these and other concerns of fair use in her book, “Carmack’s Guide to Copyright & Contracts: A Primer for Genealogists, Writers & Researchers.” With this guide in hand, you will be able to determine:

  • What are your rights to your own genealogical discoveries?
  • What can/should you do if someone has infringed on your copyright?
  • When do you need to ask someone’s permission to reprint their work?
  • What are works in the public domain and how to find them?
  • Can someone tape your lecture without your permission?

While the guidelines of fair use are applied uniformly, as Ms. Carmack demonstrates, “the devil is in the details.” Fortunately, you can learn a lot more about the nuances of fair use and other important aspects of copyright law – especially as they impinge on the genealogist – in “Carmack’s Guide.” For example, while it is generally sufficient to cite the source you use, in some cases you must actually request the permission of the copyright holder. Similarly, even though a work may be in the public domain (e.g. the papers of George Washington), if an institution or an individual owns the originals, you may need to obtain permission and/or to pay a royalty fee before you can refer to the work in your family history.

In scarcely 100 pages, the “Guide” gently informs its readers about all aspects of copyright law. Each chapter lays out a specific principle of copyright or contracts and then addresses the topic with situations specifically applicable to genealogists.

Vetted by copyright attorney Karen Kreider Gaunt, “Carmack’s Guide to Copyright and Contracts” is the first comprehensive guide of its kind written expressly for genealogists. For more information on “Carmack’s Guide” click here.

Image Credit: By Columbia Copyright Office [Public domain], via Wikimedia Commons

Editor’s Note: This article originally appeared in an archived edition of Genealogy Pointers. You can subscribe to receive this newsletter via the signup box on the sidebar of this blog.

 

780_Raynal_and_Bonne_Map_of_New_England_and_the_Maritime_Provinces_-_Geographicus_-_Canada-bonne-1780

Canadian Maritime Provinces and New England: Differences in Record Keeping, I

 

Editor’s Note: Terrence Punch is the leading authority on immigration into Canada’s Maritime Provinces. In this two-part article (part I published below) Dr. Punch explains the differences in record keeping between the New England states/colonies and the neighboring Maritimes, which some future New Englanders used as a stopping-off point. Persons with Scottish or Irish ancestry should refer to the link in Footnote #4 for more information about possible family connections in the Maritimes themselves. This post was written by Dr. Terrence M. Punch, CM, FRSAI, FIGRS, CG(C).

From the perspective of most of North America, the New England states and the Canadian Maritime provinces are near neighbors, sharing many cultural and genealogical similarities. Yet, an international border separates them and the story of their settlement and record keeping reveals some differences that affect genealogical research. Let’s look at four of these potential stumbling blocks.

The first thing to remember is that the Maritimes were not part of Canada until 1867 or afterwards, which means that there are no records at the federal level until then. This gives Americans about a 90-year head start. The second point to keep in mind is that people born in the Maritimes or coming there from the British Isles before 1947 were British subjects when they sailed from Britain and remained so over here. The third thing to remember is that the pattern of government evolved quite differently. A fourth matter to recognize is that record keeping was not very assiduously carried out here and that, when records were created, they were not always preserved for posterity. Each of these facts impinges on what records were required, and therefore, exist to be utilized by researchers now.

These facts are so important that we should reiterate them briefly: 1. We have no federal records prior to 1867. 2. British subjects going and coming until 1947. 3. We have a different pattern of governance. 4. Incomplete records.

Continue reading…

Early settlers

Early Settlers of Pennsylvania

Because of its unique immigration policy, Pennsylvania led the way in colonial America in the ethnic diversity of its early settlers. Among early settlers of Pennsylvania, we find English, Irish, and Dutch Quakers; German and Swiss Mennonites, Anabaptists, and Pietists; and Ulster Presbyterians, the Scotch-Irish frontiersmen.

The first “ethnic migration” to be officially documented – mainly in the form of ships’ passenger lists, records of indenture, naturalization records, land records, tax lists, and sundry church records – began in southeastern Pennsylvania between the 1680s and 1720s. These early records include the earliest passenger arrivals in Philadelphia in 1683, the Swiss and Rhineland arrivals in Philadelphia and a host of other groups. Immigrants from Germany’s Rhineland area and the German-speaking cantons of Switzerland arrived in southeastern Pennsylvania by the thousands.

Looking for the most authoritative works on Pennsylvania’s German and Swiss immigration? Eshleman’s “Historic Background and Annals of the Swiss and German Pioneer Settlers of Southeastern Pennsylvania, and of their Remote Ancestors,” explores the background of the great sectarian movements in Germany, Switzerland and Holland, and focuses attention on the Mennonite families who later emigrated to Pennsylvania. As many as 300,000 German and Swiss immigrants and settlers have been identified in this work. In addition, all three volumes of “Pennsylvania German Church Records” can be found here, with volumes one, two and three also available individually. These records refer to approximately 91,000 individuals and include births, baptisms, marriages, and burials. They identify people and their relationships to one another–not only parents and children, husbands and wives, but witnesses and sponsors as well.

A more overarching resource on Pennsylvania’s immigration, the Family Archive CD provides a wealth of information on the earliest settlers of the Keystone State. This particular CD contains data on places of origin, dates of arrival, places of residence, ages, occupations, names of wives and children (with details of births, marriages, and deaths), and a host of other details derived from nine respected Pennsylvania reference works. This collection also contains a single electronic name index of 200,000 entries, which allows you to search all the volumes quickly and effortlessly.

Image Credit: Wikimedia Commons, “Pioneer Settlers building Adventure Galley on the Youghiogheny.” This image is from the publication, “History of the Ordinance of 1787 and the Old Northwest Territory.”

Your Family Tree Explained

Your Family Tree Explained

The video, “Your Family Tree Explained” does a great job explaining the basics of family relationships, like how you are related to your great-grandmother’s siblings.

Enjoy the video by CGP Grey below:

A visit to the C.G.P. blog allows you to download a handy Cousin Calculator spreadsheet.

Following is the the script to the video cross-posted from the C.G.P. blog:

This is you, this is your family tree and this is your family tree explained.

You have parents and your parents have parents, these are your grandparents who also have parents, your great-grandparents. Keep adding parents, keep adding adding ‘greats’.

For every ‘g’ in the name there is one generation in-between you and that person.

Grand parents? One ‘g’ one generational inbetweener. Great, great, great grand parents? Four ‘g’s four inbetweeners.

Continuing with the basics you have siblings and so do your parents: these are your Aunts and Uncles.

Up the tree you may call these people your great aunts and uncles, but your grand parents’ siblings are really your grand aunts and uncles. ‘Greats’ are reserved for the levels above grand. Your great-grand parents’ siblings are your great grand aunts and uncles.

Now down the tree your siblings’ children are your nieces and nephews — collectively niblings — and you are their aunt or uncle. Their children are your grand nieces and nephews and you are their grand aunt or uncle.

We’ve gone up and we’ve gone down and now it’s time to go sideways.

When you get married, you get everyone’s favorite: in-laws! You are on the same level of the family tree as your spouse’s siblings — you’re a kind of pseudo-sibling — all the new family’s relationships to you are the same as to your spouse, but they get the in-law suffix.

It’s pretty straight forward except for one case: your spouse’s siblings are your siblings-in law. But are your siblings’s-in-law’s spouses also your siblings-in-law? It’s a little unclear.

Alright: enough with in-laws, it’s on to the reason you’re probably watching this video: cousins.

Your Aunt and Uncle’s Children are your cousins, but there are many kinds of cousins and to better understand them we need to simplify this family tree and think downward.

Here’s you, your children and your grand children. The grand children are first cousins to each other. And their children, your great grand children, are second cousins to each other, and so on.

The cousin number is the same as the ‘g’ rule: it tells you how many inbetweeners until the connection on the family tree. Fourth cousins cousins, four inbetweeners a shared great-great-great-grandparent.

According to the rule, your first cousin and you connect at your grand parent. Second cousins share a great, grandparent connection. Just match the number with the g’s and you’re all set.

Simple, huh?

Side note here: continuing this rule in reverse means siblings can technically call each other 0th cousins. Which they totally should. And you are you own negative first cousin? Weird.

All done here now, nothing more to talk about… oh right… the once-removed thing.

You may have noticed cousins are all on the same level. ‘Removed’ describes how many levels apart people are. What’s the family connection between these two? Start by taking the smaller cousin number — 1st cousins — and count the levels down — ‘once removed’.

These are first cousins, twice removed. Thrice removed.

Second cousins, once removed.

Doing all this on our simplified drawing of your decedents is a bit too easy as most family trees look more like this. The rules are still the same, 1st cousins, 2nd cousins, and the removed — but it’s a bit harder to tell quickly who exactly is your second-cousin twice removed, or your great-grand aunt… in law.

To help there is a chart you can download which will both make it much easier to figure out what grand-nibling or cousin removed you are to anyone at the next family reunion more easily and, obviously, show how cool you are.

Now we’re really done… unless you start thinking about the math of all of these family members — just how many great-great-great-great- grandparents do you have? 64?

And those great x grand parents had kids, giving you a whole lot of cousins — this chart happens to stop at 10th cousins, of which if you do may have more than 2,000? Which seems like too many, but these numbers both have big, possibly unsettling asterisks attached to them which we will talk more about in part 2: family genetics explained.

This work is reprinted as it appears on the C.G.P. Grey blog. Please visit this blog for more interesting and educational videos on a variety of topics.

Image Credit: YouTube

Old Parish Register of Scotland

Old Parochial Registers of Scotland

In this archived post by the late Carolyn Barkley, she delves into the usefulness of old parochial registers of Scotland, including what they are and resources to utilizing them.

One of the three “C’s” of Scottish research is church records (the other two being census and civil registration). One of the most extensive collections of church records can be found in the Old Parochial Registers (OPR), which document births/baptisms, marriages/proclamations, and deaths/burials in the Church of Scotland (Presbyterian) from the late 1500s through the end of 1854, although the dates for extant registers differ with each parish. As such, these records represent the best source for vital (birth, marriage, death) records prior to the beginning of civil registration in Scotland at the beginning of 1855.

It is important to understand what information can be found in OPR records as the details may vary. First, registration was costly, and therefore unpopular, and thus events often went unrecorded. In addition, the denominational history of churches in Scotland is quite convoluted. If your ancestor was a non-conformist during certain time periods, there will be no record of birth, marriage, or death events in the registers of the established church.

Baptismal registers may provide as little information as the date of baptism, name of the child, and name of the father. If you are looking for a George Duncan, born ca. 1809, who was the son of Charles Duncan, and you don’t know the parish in which he was born, your search will be more difficult and time-consuming. If a baptismal record, in addition to the more basic information as noted above, including the mother’s maiden name, it will be much easier to determine if you have identified the correct child and father combination. Additional information in the register might also include the father’s occupation, residence and the names of witnesses.

Marriage records also vary in content. In addition to the name of the bride and groom, they may document the dates of three (usually) proclamations (notices of upcoming marriage), either instead of, or sometimes in addition to, the actual marriage date. In addition, the parish(es) of the bride and groom, their residences, the groom’s occupation, and sometimes the name of the bride’s father, although seldom the name of the groom’s father, may also be provided. If the bride and groom come from separate parishes, both should be searched.

Burial and mortcloth rental records may be available for some parishes, but are found much less frequently. A mortcloth was the pall draped over the casket at a funeral. Such a pall was often owned by the parish and rented out for a fee. If the parish mortcloth was used, the receipt of the fee and by whom it was paid would have been recorded in the register. Rentals may not have been paid in other circumstances including the funeral of a child, or when a mortcloth was owned privately. The information provided in a burial record may be very brief, perhaps only a surname and a date. Remember also that burial records are not indexed in the microfiche OPR index.

When I first began researching in the OPR, the best access to these records was through the Old Parochial Registers Index on microfiche at the Family History Library or a local Family History Center. The index could locate an ancestor’s parish, document an ancestor’s christening, marriage, or burial date, or identify an ancestor’s spouse or parent. There are several drawbacks in using the OPR fiche, however: it contains christenings and marriages only (burials were not indexed); and the microfiche are arranged by county, the very piece of information that you might not know. For example, I cannot look at all of the records for a christening of a George Duncan, born ca. 1809 (county unknown), without searching through the fiche for each individual county. Obviously if I already knew the parish and/or mother’s name, my search would be much simpler.

Once an entry of interest is located in the index, the microfilm of the original register can be identified either through the batch number for the entry (located in the right-hand column on the fiche) or through the Family History Library Catalog. This index continues to be available both in the Family History Library in Salt Lake City and in your local Family History Center. You do not need to go to General Register House in Edinburgh to do this research. If you do, you will be looking at Family History Library film! Save your time and look at documents not available to you on this “side of the pond.”

Today, OPR records are much more accessible, with several research opportunities available, some at no cost, some for a reasonable fee.

  • Scotland Births and Baptisms, 1564-1950. This free electronic database has an interesting description in the FamilySearch Wiki: “This index is an electronic index for the years 1564 to 1955. It is not necessarily intended to index any specific set of records. This index is not complete for any particular place or region. This collection may include information previously published in the International Genealogical Index or Vital Records Index collections.”However, the Wiki goes on to state the primary record collections are pre-1855 Church of Scotland and Civil Registration 1855 to 1875. In addition, researchers are prompted to use the following wording as part of any citation of information from this database: “…citing Scotland Registrar General, Registers of births, marriages and deaths, FHL microfilm 232638, The New Register House, Edinburgh, Scotland.” My current research about George Duncan, my great-great-great grandfather, has led me to a hypothesis that he might by George Duncan, born 1809 in Auchterless, Aberdeenshire, the son of Charles Duncan and Elizabeth Middleton, although my reasoning is very circumstantial at this stage in my research. My search for George in this database identified 167 entries for George Duncan, but did not identify a record for a George Duncan, son of Charles and Elizabeth, in the parishes of Auchterless or nearby Fyvie.
  • Scotland Marriages, 1561-1910. This free electronic database includes the same FamilySearch Wiki caveat as did Scotland Births and Baptisms. I searched in this database for a marriage between Charles Duncan and Elizabeth Middleton in Auchterless ca. 1806, information that I had obtained from a family tree on Ancestry.com.  Once again, I was unsuccessful in searching based on the information currently available to me, and I was equally unsuccessful when I searched for any Charles Duncan who was married in 1806 in Auchterless.
  • ScotlandsPeople. This site is fee-based and in addition to the OPRs, provides access to wills and testaments, coats of arms, Catholic parish registers, statutory registers (civil registration), and census records. In the case of an OPR search, the cost is approximately $11.00, which provides thirty “page credits” and access for one year after your credit card payment is authorized. You may extend your access for a further year and additional page credits can be purchased for about $7.00. Before using the site, read the information on charges carefully to understand their intricacies. Because other known information suggests that George was not married in Scotland, I searched for the marriage/banns of George’s possible parents, Charles Duncan (and variants of Duncan) and Elizabeth Middleton, for whom I had located a specific date and place in an Ancestry.com family tree (with no documentation provided). As I had such specific information, I first searched narrowly for a marriage between Charles Duncan and Elizabeth Middleton between 1 April 1806 and 1 June 1806 (the marriage date in the family tree was 6 April 1806) in the parish of Auchterless, Aberdeenshire. There were no matches. I tried several other searches including a very broad search for this bride and groom in all parishes and counties in Scotland from 1800 to 1810. Again, there were no matches. I also searched in the marriages and banns in Catholic registers. This search yielded two marriage records, but neither event occurred in Auchterless, and neither bride’s name was Elizabeth Middleton.

Not willing to give up, I tried one last, very broad search for a Charles Duncan marrying any woman between 1 January 1800 and 31 December 1810 in the parish of Auchterless. Bingo! The entry I received was for 6 April 1806, Charles Duncan to Elisabeth Midleton (please note spelling!) in the parish of Auchterless in Aberdeenshire. The lesson to be learned from this group of searches is that unexpected spelling variants can trip you up every time! Less information can often produce a more successful search. The entire search cost me seven page credits, three to view index entries identified by my searches and five to view the actual register page. I was able to print an image of the original register page at no cost.

You will also want to learn more about pre-1855 church records in Scotland in general and about the availability of specific parish registers. After you identify a possible parish, search for more information about it and its records, including pages for specific parishes on the FamilySearch Wiki. For example, there is a specific page for the parish of Auchterless. You can also consult V. Ben Bloxham’s Key to the Parochial Registers of Scotland from Earliest Times Thru 1854 (1872, Brigham Young University Press, 1970).

There are numerous titles providing general assistance with Scottish research. In particular, I recommend the 3rd rev. and updated edition of Kathleen B. Cory’s Tracing Your Scottish Ancestry (Genealogical Publishing Co., 2004). Appendix three in this book is particularly useful as it provides an alphabetical list of parishes with, for each, its district number (Registration Act of 1854), county, the year of its earliest OPR, and its earliest testament or inventory.

Other titles include:

  • Tracing Your Scottish Ancestors: the Official Guide (National Archives of Scotland), 6th ed. (Birlinn, 2012).
  • Linda Jonas and Paul Milner’s A Genealogist’s Guide to Discovering Your Scottish Ancestors (Betterway Books, 2002), in particular Chapter nine.
  • Sherry Irvine’s Scottish Ancestry: Research Methods for Family Historians (2nd ed., Ancestry, 2003), in particular Chapter five and Appendix A.

Image Credit: VisitScotland, Scottish Ancestry