KYGenWeb Mason County, Copyright Matters

Concerned About Copyright?

What Works Are Protected?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
  1. literary works;
  2. musical works, including any accompanying words
  3. dramatic works, including any accompanying music
  4. pantomimes and choreographic works
  5. pictorial, graphic, and sculptural works
  6. motion pictures and other audiovisual works
  7. sound recordings
  8. architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

What Is Not Protected?

Several categories of material are generally not eligible for federal copyright protection. These include among others:
  1. Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
  2. Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
  3. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  4. Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).

A clarification on the last item, which is the primary concern for genealogists. No copyright may be claimed on an original public domain source document, or on copies made of it. However, copyright may be claimed on the work effort to compile, organize, format and present abstracted information from the same public domain source document. This means materials contributed to this website must be taken drectly from the original source document, not from a published book, CD, website, or other compiled source. It also means that copyright may be claimed for the work involved with collecting, compiled, formatting, and presenting the material on this website, even if it is from a public source.

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