So there’s a new player in the online access to newspapers field as of yesterday. Ancestry.com launched its new Newspapers.com website, joining GenealogyBank.com and NewspaperArchive.com as the major players in the pay-for-play category.
Now The Legal Genealogist isn’t getting into the debate over whether this is a good thing or a bad thing, particularly for those of us who have those über-expensive all-you-can-eat World Explorer subscriptions to Ancestry. You can read all about that in yesterday’s post by DearMYRTLE.1
“You (or “your” defined by your status as an adult user and/or parent or guardian for any minor which you allow to use the Service) may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any amount of material from this site including, but not limited to, all documents, images, written material, code and software. You may download Content from this site for your personal, non-commercial use only, provided you abide by all copyright and other proprietary notices and keep any and all Content intact.”3
“You, as an individual visitor to this site (the “Site”), and subject to paying the applicable fee(s) to gain access to the Content (As defined under Section 4(a)) available on the Site, are granted a non-exclusive, non-transferable, limited license to browse, search, retrieve, view, print and/or download, the Content on the Site for your personal non-commercial academic, educational and research purposes. Printing and downloading are further limited to insubstantial portions of the data, for temporary storage. You understand and acknowledge that all use is subject to any additional restrictions and disclaimers that NewsBank or its suppliers publish, from time to time. …
You shall not remove any copyright, trademark or other proprietary notices from the Content or Site, nor shall you distribute, modify, transmit, reuse, re-post, or use any Content from the Site for any public and/or any commercial purpose(s). These limitations apply to all Content on the Site, including but not limited to text, images, applications, computer code, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of NewsBank and/or its suppliers. …
Consistent with the fair-use provisions of the Copyright Act of the United States, you shall reproduce and/or store only insubstantial portions of the Content, resulting from specific searches for your own personal non-commercial academic, educational and research purposes.”4
“You may access the Website, use the graphics, information, data, editorial and other Content only for personal or professional historical research. Republication or resale of any of the Content or other protected data is prohibited. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and personal use only as permitted through the functionality of the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. …
In plain English:
Now we all understand that these services don’t want some data miner to come in and scoop up everything they’ve painstakingly collected — that would put them out of business. But hey… how about saying flat out you can use, say, no more than five individual clippings from newspapers that are in the public domain in a blog post or in a presentation or in a book or in an article you’re writing without having to ask permission?
And if permission is required for a use, perhaps because of a contract with one of the newspapers, how about a button on the results page linking to a request form?
Come on, folks. Make it easy for us. And do your best to give us what we want.
- Pat Richley-Erickson, “First Look at Newspapers.com,” DearMYRTLE (http://blog.dearmyrtle.com : accessed 29 Nov 2012). ↩