Even if (content is) otherwise in the public domain, NewsBank may have obtained access and a license to the content only by agreeing to certain terms and conditions regarding use of content contained in these Terms and Conditions that are required by the content providers.2
In other words, GenealogyBank had to agree to limit its subscribers’ use of the content in order to get the content in the first place.
• You can only print or download “insubstantial portions of the Content.”5
• You are not allowed to “distribute, modify, transmit, reuse, re-post, or use any Content from the Site for any public and/or any commercial purpose(s).”6
But in stating its limitations, the site also now offers clear directions on how to get permission to go beyond those limits, say, to use a clipping in a blog post, or to include it in a report for a genealogy client, or to illustrate a lecture, or to add it into a family history book you’re writing:
Unless you have written permission from NewsBank, you shall reproduce and/or store only insubstantial portions of the Content, resulting from specific searches for your own personal, non-commercial purposes. … If you want to use Content other than as permitted in these Terms and Conditions, please contact NewsBank at email@example.com. Please provide us with your name, identify the Content and provide us with as much information as you can about your desired use.7
So GenealogyBank remains restrictive in terms of what we can and can’t do with the content as subscribers, but it’s now much clearer on how we can get permission to do more.
- Ibid., “License / Limitations on Use,” paragraph 4(a). ↩
- Ibid., preamble, Note. ↩
- Ibid., License / Limitations on Use, paragraph 4(a). ↩
- Ibid., paragraph 4(c). ↩
- Ibid., paragraph 5(b). ↩