I was going to post a obit today for someone's query and when I went to the Houston Chronicle Obit Archives I noticed that they had a very strict copyright against posting in anyway on the internet ...etc..

What do you think about this and is this the standard at all newspapers...Want to help but don't want trouble...

Without knowing exactly what their copyright notice says, it would be impossible to respond. Perhaps you could post the text of their copyright rules for all to read.

Copyright notice: All materials in this archive are copyrighted by Houston Chronicle Publishing Company Division, Hearst Newspapers Partnership, L.P., or its news and feature syndicates and wire services. No materials may be directly or indirectly published, posted to Internet and intranet distribution channels, broadcast, rewritten for broadcast or publication or redistributed in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

I took a class in this in college and if the information that is alleged to be copyrighted is being used for educational and non-profit purposes, it is OK to use it. I also attribute where I got in most of time. Also, as long as you do not claim authorship of the material.

Genealogy is a branch of history which is educational and about as non-profit as it gets!

Obituaries are in a rather unique category.

A newspaper cannot copyright something that the funeral home gives free of charge to them.And if a funeral home pays to have the obituary in the newspaper, it is my understanding that the newspaper can only copyright the form of the ad and NOT the contents!

Deaths are a matter of public record.I dont' think that public record can be copyrighted.

Also, in Texas, deceased persons have no right to privacy because their death is a matter of public record. At least that is how that was explained to me.

If I was to take a news story generated by Houston Chronicle reporters and try to sell it to another newspaper and claim that I wrote it, then I would be in a world of trouble!

But to post obituaries, I think not.

Most of the funeral homes that I know about like the publicity and several e-mail me obituaries that also appear in newspapers that claim to be copyrighted so I take the obituaries and post them. If the funeral home does NOT want me to include something in my post, then they include a "for further information, please contact --then list their name and phone number. " And I respect their wishes and include that message in my post.I am posting the obituaries but I do NOT have the right to know anything else because I am not a relative. This way , the privacy is guarded, there is dignity and respect and there is control over what gets onto the website.And the information still gets onto the website for relatives to find.

It works out fine.

Most newspaper obituaries are considered "stepchildren" anyway. The most inexperienced, newest reporter or copy editor is the one who takes and ormats the obituaries.

I am NOT making a profit from the obituaries that I post. I am educating interested persons in this surname.

Thanks so much for your reply..since the posting of the my original query..I came to the same conclusion....I also want to say that this is one of the most well written post I have seen...again thank you for responding...

Regards,

Connie

In case you haven't heard, Homeland Security is using Identity Theft as an excuse to ERADICATE GENEALOGY anD FAMILY HISTORY RESEARCH!

I have written my elected officials in Washington, DC and asked them to allow genealogists, family history researchers and persons with a legitimate need to know to have access to the materials that only pertain to our families!

At the rate they are going, I WILL BE UNABLE TO GET INFORMATION ON MY OWN GRANDMOTHER!

please post further info re: taking anyway gen. research rights -we must spread the word, and i am sure most have heard nothing on this. sounds like something npr or 60 minutes should do stories on

When it comes down to it who owns the right to a obituary. Is it the newspaper that publishes it. Is it the funeral home that submits it, or is it the person who gives then the info such as relative to begin with. In somecases a individual pays for a obit. in the paper is it theirs or the newspapers? To me obituaries should not be the newspapers property. In most cases their dont even right them anymore the funeral home does. They only submit them. Some dont even do it for free anymore. They charge for it hence the funeral home passes on to the subject.

Obituaries are not free in Virginia. An obituary printed for my Mothers` death 2004 cost me $90.00 and I gave all the information. So the newspaper does not own what they have not paid for. We the people pay for a service that provides us space in their newspaper. The newspaper does not own our personal information.

Could you elaborate on the comment regarding Homeland Security and what exactly they are doing?

Thx