But I have learned some things along my genealogy journey.
First, even without the Alt 0169 copyright symbol (or in LibreOffice use Insert and Special Symbols), pretty much anything you, or any other human, create is protected internationally. However, you can sell or give your copyright privileges away. In this case, I give you permission to use my syllabus, with proper attribution to me.
In other words, you can’t publish it like it is your own work. You have to give me the credit.
A good overview is available at https://www.copyright.gov/what-is-copyright/
Judy G. Russell, The Legal Genealogist, is the go-to expert on copyright. Check out her blogs about copyright at https://www.legalgenealogist.com/category/copyright/
There are a whole bunch of rules about when copyright protection ends. Cornell University has created a helpful chart and includes works published abroad. https://guides.library.cornell.edu/copyright/publicdomain
Explanation of all the various rules for when copyright begins and ends https://www.copyright.gov/circs/circ15a.pdf
Works by the federal government are in the public domain, but there are some caveats. https://www.usa.gov/government-copyright
Creative Commons Zero – creators can waive their rights and place their works in the public domain https://creativecommons.org/public-domain/cc0/ & sample of icons https://creativecommons.org/mission/downloads/
Explanation of CC0 rights at the Smithsonian website https://www.si.edu/termsofuse
The Copyright Office lists court decisions to help us understand Fair Use. https://www.copyright.gov/fair-use/
Calkins v. Playboy Enterprises – Carla Calkins took senior pictures of Colleen Shannon who later became January 2004 Playmate of the Month. The senior picture appeared in the magazine. Calkins registered the copyright and sued for infringement. The court found the publication of the photo fell under fair use.
Even though Playboy was a commercial enterprise, the use of the photograph was not to sell magazines but to inform readers about Shannon.
Calkins had not intended to publish the photo, evidenced by the fact she did not register the copyright until she wanted to file the infringement suit.
There was no impact on Calkins’s economic interest.
Recommended Reading: The home page of Indiana University Libraries’ guide to copyright law. https://guides.libraries.indiana.edu/c.php?g=158548&p=1662844
The home page of Brigham Young University’s guide to copyright https://copyright.byu.edu/knowledgebase
Derivative works and compilations may be eligible for copyright protection. https://www.copyright.gov/circs/circ14.pdf
The person who took the photo owns the copyright. Not the person in the photo. Not the person who has a copy of the photo. So, depending on the age of the photo, you may have to track down all the heirs to get permission to publish.
Yes and No. https://copyrightalliance.org/does-copyright-law-protect-gravestones/
These are creations where, after making a reasonable attempt to determine if they still have copyright protection, to identify the copyright holder, and to contact the copyright holder, you were unable to do so. If you use the item, you do so at your own risk.
Nope. The digital images of public domain items at Newspapers.com and Ancestry are not protected by copyright, but they are protected by the Terms and Conditions. See The Legal Genealogist’s explanation at https://www.legalgenealogist.com/2018/06/12/about-that-copyright-notice/
Again, The Legal Genealogist explains how we can use GoogleMaps in our work. https://www.legalgenealogist.com/2019/09/09/citing-google-maps/ And check out Google’s explanation. https://about.google/brand-resource-center/products-and-services/geo-guidelines/
And our hero, The Legal Genealogist, spells it out in Using the Works of Others. https://www.legalgenealogist.com/2020/02/04/using-the-work-of-others/ You need written permission to use someone’s work that is not in the public domain. Even if it is in the public domain, you need to attribute it to the creator or it is plagiarism.
If it is an original photo of a physical object, it is protected by copyright. If it is a photo of a work that is now in the public domain, it is not protected. See Digital Images of Public Domain Creations above. But now we get into questions of ethics. https://www.ebay.com/sellercenter/resources/intellectual-property & https://www.ebay.com/help/policies/listing-policies/images-text-policy And remember, I AM NOT A LAWYER.
There are enough caveats to copyright and obituaries to give you a migraine. See The Legal Genealogist https://www.legalgenealogist.com/2012/09/12/copyright-and-the-obit/ Also remember that digital images of public domain newspapers are not protected by copyright, but depending on where you obtained the image, may be protected by contractual agreement. See above Digital Images of Public Domain Creations.
Chart & Quick Rules of Thumb & Scenarios created by ChatGPT, who is also NOT A LAWYER
📅 Anything published in the U.S. before 1929 is public domain (as of 2025).
✍️ You do NOT need to register or add a copyright notice—copyright is automatic.
🧑⚖️ “Work made for hire” is about who owns it, not who created it.
📜 Unpublished letters, diaries, and manuscripts can still be copyrighted even if they’re old.
Old photographs: Copyright depends on when published and who took the photo, not the subject.
Family letters/diaries: Usually copyrighted until 70 years after the writer’s death.
Transcriptions: The original text may be public domain, but your transcription may have its own copyright.
Newspapers: Many 19th-century papers are public domain; 20th-century ones often aren’t.
Starting an Infringement Claim - https://ccb.gov/handbook/Infringement-Claim.pdf
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