I have shared my concerns with my other cousins on our Leasure web firstname.lastname@example.org and email@example.com(Other family members reading this message are also welcome to join the group!) Several people have already responded--we do NOT like the idea that you are copyrighting OUR family information and will obtain control over it.And secondly, those of us that shared information with you did it FREELY, and we want ALL our Leasure information to remain FREE.If you wish to charge money for your CD, $10 should be the maximum charge that allows for packing materials and the 60 cents postage, plus a $5 profit.I've also posted the response you sent to me and my response to you on those sites and below.
Doreen and I have contacted the US Copyright Office to request that your application for a copyright be denied.NO ONE wants the Leasure information controlled--we want it to be FREE now and in the future.Gloria, this is OUR family information, and we have the right to make that decision.
I urge everyone that wants to protect their family's information to write to you and to post information here on genforum, plus write to www.copyright.gov to stop the copyright.
If anyone wants further information, please contact me at my email address.
From: Gloria Kerns
To: "Patty Smith"
Subject: LEASURE BOOK
Date: Thu, 10 Nov 2005 08:35:19 -0800 (PST)
Patty - I was very concerned about your e-mail to GenForum.I think you have misinterpreted my copyright intent.I state in the book very specifically, that I am NOT a Leasure researcher and that all the information in there comes from 3 sources--TLM's book, information published on the web and information contributed by Leasure family researchers (such as yourself).I also say that all the credit and the blame for the work presented belongs to the person cited as contributing information on that family.My ONLY intention in copyrighting the book was so that people could not just dub the disk and pass out copies indiscriminately.There was no intent at all to preclude the acknowledged owners of the information from using it themselves.
As for the cost of the CD--I, too, was dismayed by what the cost analysis I had run came up with.I had hoped to keep it around $30.However,in 1991, when TLM published her hard copy book, she charged $65.00 per copy.When I considered that I had increased the information available by almost 5 times the amount she had in her book, that the CD format is more versatile and easier to use than the hard copy volume, and that the price determined was still considerably less than what the 1st edition cost in 1991, I decided it wasn't too bad and agreed to go with that.
I have no apologies for taking compensation for the effort I expended in creating the CD.I realize there are those who spend their lifetime and large amounts of their resources as a matter of intense personal interest about their progenitors and as labor of love for their families and future generations.I am grateful when they decide to share their findings with me and I give them credit for the information they submit.It's not their work I am hoping to profit from, but my own and I do feel like the compensation I expect to receive from the work on this book is justified.
A third concern is that the CD is already at the copyright office.I do not have the foggiest idea of how I would make changes to the content at this point.Even if I could do it by editing my data base and creating a new CD, it would take weeks or months to ravel the puzzle I have woven together because individuals you provided information on connected to other individuals that I had information on from other sources.I'm not sure it could be done for even a few individuals, much less for thousands of them.
With all of those justifications as to the content, legality and cost, I can see that I probably still have not laid your concerns to rest.Be that as it may, I can tell you that it has always been my intention to furnish the people who contributed their family trees to me with a complimentary copy of the CD as a way of thanking them for their work, their cooperation and graciousness.
I just need your snail mail address so I can send out your complimentary copy.(I thought I had it in my address file, but it's not there.)If you still wish to purchase a copy, of course, that's wonderful, but unnecessary for your own personal use.
I truly regret this situation.I never dreamed anything like this would arise.I truly thought copyrighting the CD would be the best way to protect everyone's work.I do understand your concerns and I would like to accommodate your request, but at this point I can only hope to allay your fears about the copyright issue and explain some of the considerations that went into pricing the book.I appreciate you and all the other generous people who sent me the work on their family lines tremendously and I hope our relationship has not been damaged.
Thank you for your explanation.
Would you be willing to send me, via snail mail, a signed and dated statement saying that any Leasure information could be used (including any you have generated) for 1) sharing with other family members via any available means, and 2) any person who wishes to publish in actual book form, any Leasure information may do so without any recriminations?
As the owner of a copyright, I understand the ramifications that can happen.Also, I have been involved in church music for over 35 years, and deal with the copyright laws on an almost daily basis.
My reasoning for this is that what happens if I, (or someone else) wish to publish an actual printed book, not a CD?You (and I'm not saying that you would), or someone in your family in future years, could bring a law suit for copyright infringement.Do you see where I am coming from?That's why I put the email on genforum.Most people do not deal with copyright laws as I do.I understand your purpose in copyrighting; and I wanted to get people to think where they would be in sharing their own information.
The cost of the book:Thelma charged $65.00 because she used a printer.I'm sure that cost was for the book itself and postage, plus any donated copies to libraries and historical societies.She probably did not make any profit, but ended up paying money from her own pocket; hence that is why the book was out of print immediately after publication.The printer was probably a local printer, and the book was self-published.I see many such books in my research.Did you notice that it is not copyrighted? The information is in the public domain--free for anyone to use at any time.I'm sure it was put in book form, because that was all that was available at the time.
How will you stop others from copying your CD?Is there something on it like some companies use to stop the copying from being completed?
Also, if you used FTM program for your manuscript, did you know that since you are obtaining a copyright and receiving compensation, that you must obtain their written permission to use their format?Also, for your protection, did you realize that you must also have written permission to use the data from everyone you included?Have you contacted a copyright attorney at all before planning to apply for the copyright and to receive compensation? How about a tax license?My questions are for YOUR protection as well as those of us in the Leasure family.
All of this is not to anger you, it is to protect you, me, and everyone of our family doing their own research.What happens if one of our Leasure cousins, unaware of the copyright and the laws concerning it, decides to put some or all of the information on your CD on a web site?You could sue them or at the least, demand (and legally receive) compensation.
Goes on and on, doesn't it?So, if you would like to send the signed statement that I suggested in the first paragraph, my address is. . . .
Hope this all gave you something to think about.It really isn't as simple as "precluding the acknowledged owners of the information from using it themselves."This is a whole new ballgame.Please consider strongly stopping the copyright before we are all deailing with a whole new can of worms.