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emailed information-can this be used in print

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What is the name of your state (only U.S. law)? CT

I have been researching family history for many years. I have shared information with one person (including photos) who was also researching the same family name. I have now learned that she is using this information I have shared with her for the purpose of publishing a book for profit on the family name. I am kind of furious. Can she use this information without my consent in her published book?
 


divgradcurl

Senior Member
What is the name of your state (only U.S. law)? CT

I have been researching family history for many years. I have shared information with one person (including photos) who was also researching the same family name. I have now learned that she is using this information I have shared with her for the purpose of publishing a book for profit on the family name. I am kind of furious. Can she use this information without my consent in her published book?
Facts are facts -- you can't stop someone from using facts, even if you were the one that took the time to dig them up. Photos are a different story -- if the photos are still protected by copyright, then the person would need permission from the copyright owner to reproduce the photos.
 
Yet...

Once a person puts their info into written form as I assume email would be, does it not become theirs for assumed copyright? Some of this info is not found in public record but was from family interviews.
 

divgradcurl

Senior Member
Once a person puts their info into written form as I assume email would be, does it not become theirs for assumed copyright? Some of this info is not found in public record but was from family interviews.
Underlying facts are not covered by copyright. Factual details -- even if not public record -- are not generally protectible by copyright. If the other person is copying non-factual stuff, then there may be a copyright issue.

What sort of resolution are you looking for?
 

The Occultist

Senior Member
Once a person puts their info into written form as I assume email would be, does it not become theirs for assumed copyright? Some of this info is not found in public record but was from family interviews.
What would be copyright is any creative organizational method used to express the facts. So, if you used some special, unique organization method utilizing, oh I couldn't even begin to guess, some sort of special bullet point method that has never been used before, then nobody else would be able to use your method to express those same facts, but they certainly could take those facts and use them however they wish.

I hear arguments along these lines a lot, so perhaps this clarification might help you better understand the situation: when you were in grade school and required to write a research report and they also required you to cite your sources to back up the facts contained in your report, those cites (you may know it as a bibliography) was required only as part of the assignment (and your credibility) but was in no way at all legally required. Also to note, when schools and universities assert their "plagiarism" rules, those, again, are out of policy and actually have no legal bearing. In fact, I'm pretty sure the word "plagiarism" isn't even actually a legal word.
 

quincy

Senior Member
Plagiarism is the deliberate and knowing presentation of another person's original ideas or creative expressions as one's own. Copyright infringement is the use of another person's original and creative expressions as one's own that violates the copyright owner's exercise of rights in the work. Plagiarism and copyright infringement are related, although if one is guilty of plagiarism they would be sued for infringement and not for plagiarism.

Plagiarism is the act of copying and presenting another's work. An infringement suit is the potential result of the act of copying and presenting of this work.

The facts of the family history as displayed in the emails, in the form they are presented in the emails (their structure, interpretation, characterizations, tone, etc), could have enough original and creative expression to be protected by the copyright law, so an exact reproduction of the emails as written could potentially be seen as infringement (and there have been cases where the exact reproduction of letters by the recipients of the letters has led to infringement actions initiated by the authors of the letters). The facts (dates, times, locations) contained in the emails or letters, on the other hand, can generally be pulled from the emails and used by anyone.

Facts (and ideas), as divgradcurl and The Occulist have said, are not copyrightable.

There could potentially be a violation of rights other than copyrights, with the use and publication of family interview information. For example, if an interview covered personal or private matters, and the information revealed during the interview is used without permission from either the interviewer or the interviewee, there could be problems. The publication of this information could potentially lead to an invasion of privacy action, depending on what exactly was revealed, why, and under what conditions. Problems could arise if the information is later published contrary to the conditions originally set out for the interview. And the facts themselves, should they be questionable facts in any way, could potentially lead to other actions (ie. defamation).

Without these additional factors to complicate matters, though, the factual information you shared with the other person is able to be used by this other person in her book, whether the book is for profit or not. The copyright in the photos, as mentioned by divgradcurl, would generally belong to the photographer who took the photos, absent any agreement to the contrary and absent them being in the public domain. Without permission from the photographer, the use of the photographs in any book could lead to a copyright infringement suit.

If you believe your emailed material is being used in a way that violates any underlying rights you (or anyone else) may have in the material, your best course of action is to have the emails and the published book reviewed by an attorney in your area, who can determine this better.
 
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I guess

I still don;t think it's right.

The only "resolution" I am looking for is being able to stop the printing of some personal stuff. This person says they will "try" not to use information on living people facts BUT at the same time, my dad died only a few years ago and don't want his business published in a book. Some of that information was mine alone(and for immediate family)..such has how he died, length of illness. Places he had stayed when he was ill...Does this make more sense? I just don't think I want all this personal stuff printed. That stuff is not for the public to know. No one needs to know this stuff about my family members that I had written in my own info. When I emailed it it was for the purpose of making a connection and sharing PAST family members, like 100 years ago not for recent family, it went all in one file though so I did not edit it in anyway. It was not intended for publishing all of this info.

I just can't sleep over this
 
Thank you Quincy

With all the new info you just posted I wonder if I can somehow stop her from using the info that has been interupting my abilty to sleep.
 

quincy

Senior Member
I hope that some of what has been provided can help you come to some sort of agreement (preferably written) with the person who intends to write the book about your family and its history.

To your benefit, the author will want to avoid any legal problems that could arise from the publication of her book, as will her publisher. Discussing your concerns about the publication of certain personal information with the author, prior to publication of the book, and coming to an agreement with the author as to what information is best excluded from print, is certainly the best way to handle the matter if this is possible. If the requests that are made are reasonable, the reasonable author will generally comply with the requests.

Facts, as everyone has said, can be used freely and legally, as long as there is no deliberate embellishment of the facts and the facts remain factual. It is not uncommon for authors to "fictionalize" some facts when they are working to create a better or more entertaining story. While this can be an area of legal concern for an author who is writing about living individuals, it is not as much of a concern when writing about the deceased.

All rights an individual may have when living generally will die with the individual (with a few exceptions), and there is a general rule that relatives have no right of action over what is published about their deceased relatives (again with a few exceptions). If you are mostly concerned about the facts and details of your father and his illness and his subsequent death, you may not be able to prevent the publication of some of the information you provided to the author, without the aforementioned agreement with the author to exclude it. Certainly the author could include in her book facts such as dates of birth and dates of death and indisputable causes of death and locations of each, without fear of any suit against her being successful.

I suggest you, first, try to work out an agreement with the author (it sounds like, from what you have posted, she is willing to work with you at least a little bit on this), and then, second, if the author is steadfastly refusing to exclude what you want excluded, consult with an attorney in your area to see if there is any way the information you provided in the emails could result in legal action against the author if it were published.

If it gets to the attorney stage (and hopefully it won't), and the attorney determines there is some information that could potentially support a suit (ie. invasion of privacy), a letter from the attorney to the author may be enough to keep certain information from appearing in the book. Should the book be published anyway, and the material that is in question appears in it, an attorney should be consulted to see how best to handle the matter from there.

It is also entirely possible that the author will handle the material about your family with care and that what she writes could wind up being a tribute to your father, and not the dreaded invasion into your private affairs that you fear. That is something to consider.

I wish you good luck with it all, questionforall.
 
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