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Conditions of use for web pages by Colin Hinson

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COPYRIGHT:
Conditions of use (2)

Source=h:/!Genuki/RecordTranscriptions/YKS/YKSconditions.txt

Conditions of use:


If you are trying to report an error on one of the GENUKI pages I (Colin Hinson) maintain, please return to the page with the error and use the link at the bottom left of the page.
If you are trying to report an error for other pages that I maintain, please use the link at the bottom of this page.


If you are trying to contact me for some other reason, please use my Email page.


Introduction:

If you are wanting to use data from pages which I maintain for personal use, then most of the Introduction will not apply to you, but please read on.

It annoys me no end to have to write this and the following paragraph, however I am "fed up to the back teeth" with people stealing work belonging to me and others from the Genuki site in particular (but not only) and using it on their own web-sites to enhance their content. What really annoys me is that frequently they claim copyright on their pages containing the stolen data (in some cases containing only the stolen data). As from Jan. 31st 2007, those responsible for a website found with information copied without permission from any of the pages which I maintain (or other pages which contain my transcriptions/photographs), will be invoiced at £100 per extract (twice that for commercial sites i.e. those with adverts or selling goods or services), and £200 per photograph (per year or part thereof). You should be aware that most of the transcriptions are not word for word as per the original books (errors corrected, words swapped etc.) and so virtually all the transcriptions are identifiable.
Why should I invoice you for the use of my work? Well, presumably you are using it to save yourself time and money, and I don't see why I should use my time and money for you to take my work for free. The above fees are approximately what it would cost you for me to generate the data/photograph if I were working for you in my professional capacity.


Summary (but please ensure you read the rest of the page):

Please remember that publishing a web-page is no different to publishing a book or magazine as far as copyright is concerned.

  • Personal use: You may use both photographs and text from the Genuki site for your own personal use such as inclusion in an unpublished family history document. Personal use does not include web-sites of any sort.
  • Non personal use:
    • Photographs:
      • Church websites: permission will normally be given for free use of a photograph of a church on a Church website, or a website associated with the church. This does not include village/town websites unless these contain pages specifically maintained for the relevant church(es).
      • Other websites: I sell images as part of my business, and therefore you will need to pay the current rate (£10 per single image use at the time of writing) to use one of my images on your website. Please see below for more.
    • Text: Other than "fair use" (see "Quoting from Genuki pages" below), permission will not be given to copy data onto other websites. Please see below for more.


All material on the Genuki web-site (and in particular the Yorkshire section)
is copyright unless otherwise stated on the relevant page.
If you breach the conditions of use you will be invoiced.

Conditions of use for transcribed and other material.

As you have arrived on this page, you probably came either from a page of transcribed information which was transcribed by me (Colin Hinson), or a page, photograph or graphic to which I or others hold the copyright.

If you came from someone else's page, or a page containing data generated by someone else and "htmlised" by me, then the same general rules and conditions apply, but this page should be read in the 1st person plural, and not 1st person singular (e.g. "we" instead of "I". )

This page is aimed mainly (but not only) at those who would attempt to make monetary gain from my (or other people's) endeavours, or to build their website from my work and material.

Note: Under English Law, it doesn't have to say copyright on it to be copyrighted, and it would be English Law that would be used against any infringements of the following conditions.

You may not post material from this site on another web site (including "Blogs") or on a computer network without permission. You may not use this site or information found at this site for selling or promoting products or services, soliciting clients, or any other commercial purpose. You may not copy information from this site (other than for personal use) by any electronic or other means. "This site" means any World Wide Web site with "genuki" or "Blunham" in the URL pathname, or web-site which includes any of my databases. Whilst there are no objections to using small quotes of data from this site (for instance to answer queries on Mailing lists and Newsgroups), the URL of the page you are quoting from must be given in order to ensure that your readers are aware that the data is not yours and that there is copyright involved.

All the material which is to be found on the Genuki Yorkshire site (any page which has a URL starting with "www.genuki.org.uk/big/eng/YKS/") is held in a database by me, along with other data on the Genuki site such as the 1868 National Gazeteer and 1887 Bartholomew's Gazetteer, Royalty and other pages. Software which I wrote, maintain and to which I own the copyright, is used to extract the relevant data and generate the pages which you see on the Genuki Yorkshire site. A United Kingdom Act of 1997/8 specifically covers the compiling and use of database material:

Database Right, all databases used for this website are covered by the 1997 Database Regulations: "The Copyright and Rights in Databases Regulations 1997" (SI. 3032 of 1997).
Colin Hinson (and others as stated on the relevant pages) are the makers of the database used for this website and the owner of the database rights.

If you are in any doubt as to the validity of these claims, please see the European Union's Directive page on database copyright.

General aims:

My aim in making transcripts of books and other data available on the Web is to make data from old/rare books available to those who would not otherwise have access to them. On the Web sites which I maintain there are also photographs, graphics, articles and lists to which I or others hold the copyright. It is my/our intention that this data should be available free, but only for personal use (normally with respect to genealogy). Personal use means exactly that, use by you and not other people. As I mentioned above, under the UK copyright law (which is automatic on web pages), you would be allowed to copy very little and this would not permit you to copy, say, a whole of a Genuki page into your own personal copy of a family history. I have no objection to your using the data for this purpose and you don't need to ask me for permission to use it. However if you are going to publish (i.e. make more than one copy of) your family history then you need the permission of the copyright holder to use the data, regardless of whether or not you are charging the recipient for the publication.

If you would like to read someone else's views on this matter, please see Rosmary Lockie's conditions of use.

Breaches of copyright:

I have had (or am having) problems with people who are:

  • Copying data for use on shareware CD rom or floppy disk.
  • Copying data for use on commercial file download sites.
  • Copying data for use on Micro-fiche.
  • Copying data for use on other Web sites without permission: it is not my aim by making this data available to make it easier for others to build their own websites from this data.
  • Copying data for use on other Web sites without permission and then claiming copyright on the page and photographs with no acknowledgements.
  • Copying lists of place-names (ususally for the sole purpose of attracting search-engines to their site).
  • Copying data from the Genuki site and including the copyright symbol '©'.
  • This does not get you round the copyright laws - it means that you know the data is copyright and yet you
  • still copied it!! If you copy with or without the symbol, it is still a breach of my/our copyright.

Up to the beginning of 2002 I had been fairly lax in pursuing breaches of copyright - simply requesting the removal of the data. However with the rapid increase in Internet usage, breaches of my/our copyright are becoming extremely frequent. As a consequence of this, any breaches of copyright will now be met with an invoice from me (of a value determined by me, depending on the severity of the breach). Failure to pay the invoice will be followed by an application to the small claims court in the UK for payment of the invoice plus expenses.

Link instead of copying:

If you have web pages yourself, then you are welcome to link into the appropriate Genuki Yorkshire page without asking me, although it would be nice if you would let me know that you have done so, as I can then let you know if any of the pages move. But, please, no more copying of Genuki pages or photographs to other websites - please just use a link instead.

Quoting from Genuki pages:

The law allows "fair dealing" or "fair use". This is difficult to define, but would probably be acceptable at around 10-15% of your article where the rest of the article is in your own words. Note that this means your own words, and not more words quoted from other places. To quote from the Intellectual Property Office "it is probably within the scope of the fair dealing exception (to copyright) to make single (photo)copies of short extracts of a copyright work for certain purposes, that is, non-commercial research or private study, criticism or review, etc.". It is not legal to build web pages from extracts of others, as has been done by several people from Genuki pages. If you do so, you will be named, shamed and invoiced. In all cases you must place an acknowledgement of where the quote came from. Failure to do so will again place you in breach of copyright, particularly if someone else copies the data from you. Note that "fair use" does not cover photographs.

Permission to use copyright data and photographs:

Personal use: You may use my/our photographs and transcriptions from the Genuki site for your own personal use (e.g. to make a single hard-copy "Family tree") without asking for permission(s) to do so. You must not allow your work to be copied because if you do, this will not then come under "Personal use". Personal use does not include personal web-sites!!

Data/text: Permission will not be given to copy any of my transcriptions (though other people may give you permission to copy theirs) other than the small amounts that fall within the "fair use" of the copyright law and for personal use as stated above. If you need a large percentage of a page for use on a web-site, then use a link - don't copy! The Genuki website is not going to go away! The fact that the transcriptions are of books that are out of copyright does not mean that the transcriptions are also out of copyright. I have many thousands of hours and hundreds of pounds invested in the Genuki website and I am not prepared to give away either my work or my money. So, if you want the transcriptions on your website, then either buy the books or CDroms of the books yourself and do the transcriptions. I sell the books that I have transcribed here on CDrom at about 5% or less of the price of a book (see my CDrom website).

Photographs:

I sell images as part of my business, and it costs me a lot of money to gather photographs (many hundreds of pounds), as Yorkshire covers around 10% of the area of England, and petrol and cameras are not cheap in the UK. In a normal publishing situation, either a one-off charge would be made, or royalties would be charged on the sales of the books. I should point out that UK magazines usually pay at least £50 pounds for photographs (Fifty pounds sterling).

  • Photographs for use on Web sites:
    • Permission will normally be given for the free use of church photographs on web sites of the relevant churches or sites associated with those churches. If you are looking for the use of my photographs on village/town web-sites then please use a link to the Genuki html page containing the photograph. I appreciate that there are circumstances in which it is very inconvenient to link, so if you really need a copy of the photograph on your website please see my page for charges for this
  • Photographs for use in Books, magazines etc:
    • I place book publication into 3 classes, but in each case you need both to have permission and to obey the copyright rules to use the photograph:
      • 1. Private publication, where the books may be distributed to family members at no charge: no charge will be made for the use of a photograph but you will need permission.
      • 2. Private low volume publication where the books are distributed at a charge to re-coup the publication costs: A one-off charge will be made for the use of a photograph.
      • 3. General publication where the books are for general sale (but not necessarily available in shops): Royalties will be charged at an agreed rate.
    • If your situation doesn't come under any of the above, please drop me a line.

If you want permission to use any of my photographs, then please email me via the Photograph Copyright email page. You will need to describe exactly which photograph it is that you want to use, and where and how you want to use it.

Remember that even if you have permission to use the photograph, you don't have the copyright and so you must place an acknowledgement on the page/document giving an acknowledgement to the owner of the copyright of the photograph.
The acknowledgement does not need to be "in your face" - a simple sentence such as:
"Photograph(s) by permission of the copyright owner, Colin Hinson © 2005"
placed at the bottom of the page in a small (but readable) font is fine.
Failure to do so will again place you in breach of copyright, particularly if someone else copies the data/photograph from you.

MAPS: If you need to use any of my maps on a web-site, then please link either directly to the relevant map or the page which contains information about the map. Permission will not be given to copy the map(s) to other web-sites. If you need to use a section of one of the parish maps, then please email me as I have other maps designed to make it easier to do this.

Finally

If you have any questions/queries on the content of this page or any of my (or other people's) transcriptions, please see my email page.

This page has been placed in the "Public Domain" by Colin Hinson. If you are having problems similar to those mentioned above, or simply need a page to work from, then you are very welcome to copy and modify this page for your own use on the Internet. The only condition of use for this is that you include this paragraph or something very similar.


Written by Colin Hinson © 2008