Copyright and Images
I have to resist using images that technically don’t belong to me because of copyright issues, but at the same time, I ask myself, “Is anyone going to care?”
I’ll start with the caveat that I’m not a lawyer, and the Communications Law class I took forty years ago is a dim memory, but issues of plagiarism and copyright often crop up in my life.
Digital Images of Newspaper Articles Are Protected by Copyright
Today, it came up again. A fellow researcher shared a genealogy report with me. It had photos. It had documents. It had newspaper articles. It had footnotes. It was beautiful.
He wanted me to share his report with some of my husband’s cousins since it was about their maternal family, which I did. He also gave me permission to post it on FamilySearch and Substack, but as I glanced through it looking for living people (another thing that can get you in legal trouble, especially in the European Union), I noticed he had images of obituaries that still had copyright protection. (This gets really complicated, and I suggest you read Judy Russell’s article listed in the Recommended Reading/Viewing below.)
After a brief internal struggle, I sadly filed the report away without making it public.
But what about NewspaperArchive, Google News, GenealogyBank, Newspapers.com, and other digitalized newspaper sites? You need to read their usage rules. GenealogyBank allows me to use their digitized articles for personal and client use, but I am not allowed to use them publicly.
Fair Use
Internally, I argued that it was Fair Use since my publishing the article would not affect them financially. In fact, you might consider it an advertisement for their product. And I’m using it to educate people about their family and about genealogy. Nope, it has to be nonprofit (and free subscriptions don’t qualify), and it has to be an educational setting.
The newspaper article at GenealogyBank may be 100 years old, but the digital image is new, and the copyright belongs to GenealogyBank. I’ve found articles at GenealogyBank and then went to the public library and downloaded digital images from their microfilm. Guess what, if I publish the image on Substack, I could still be in violation of copyright, depending on when the microfilm was created and all the other things mentioned in Judy Russell’s article.
Thank you to
for editing this article and pointing out that Fair Use is a United States Term. Canada has Fair Dealing. (See the Canadian links Kathy provided in the Additional Reading/Viewing.)If You Didn’t Create the Image, Ask Permission to Use It
Many public institutions in the United States make their images copyright-free. When I used the picture of the vase from the National Trust (located in the United Kingdom) in my Scafati to Acerra posts, I looked at their policies, and they said I could use the image. While writing this tip, I again visited their site, and the policies have changed. Not only do I have to have a license to use the image, but their policy now reads, “nor may you create a link to any part of our site other than the home page.” (Can they restrict the link to just the home page? Not in the United States, according to Attorney Phil Nicholosi. And from now on, I’m taking a screenshot so I have evidence that at the time I published the image, it was available for free use.)
A good rule of thumb is that if you did not create the image, you need to get permission to use it. A common mistake is using a grave picture from Find A Grave. Those photos belong to the person who took the picture. It doesn’t have to have a © on it, and if you read Find A Grave’s policies, the image “remains the property of the submitter or the original creator.” While most contributors are happy to share, there are a few who guard their copyright and don’t want you to use their photos. Check the contributor’s profile. I copied the idea from another Find A Grave contributor and added permission to use my photos to my profile. If it isn’t there, don’t be afraid to ask. I’ve been told yes more than no.
Unpublished Works Are Protected by Copyright
And just because I created the image, doesn’t mean I’m free to publish it. The Campton Historical Society allowed me to photograph a plat map that one of their members created. I started using the images in my Substack posts, and then, as I was thinking about writing this tip, it occurred to me that I didn’t have the right to publish it. It was part of their private collection, and with an unpublished work, the copyright is still in force for seventy years after the creator’s death.
International Copyright Variations
Please add your insights about copyright in the comments below. I appreciate hearing from those in other countries since I only wrote about the United States copyright rules.
And I’m probably violating copyright with some of my other images. As genealogists, we should all be learning and improving our skills. As I learn, I go back and fix my earlier posts.
Additional Reading/Viewing:
E. Randol Schoenberg, Privacy and Genealogy: What Are the Rules?
U.S. Copyright Office, How Long Does Copyright Protection Last?
Judy G. Russell, Copyright & the Newspaper Article
U.S. Copyright Office Fair Use Index
New York Times, Licensing, Using Copyrighted Material for Educational Purposes: The Basics of Copyright and Fair Use
Find A Grave, Copyright Policy
U.S. Copyright Office, Copyright Basics
Phil Nicolosi, Website External Links & Framing Legal Guide!
Rich Tim, Copyright & Fair Use: Connecting to Other Websites
Government of Canada, Canadian Copyright Act
Government of Canada, A Guide to Copyright
Copyright Laws, 8 Facts About Canadian Copyright Law
Christopher Heer and others, Copyright FAQ
How do you avoid being overwhelmed by Substack notifications?
Call for Contributors
Most of my tips come from my experiences. Why should we all have to learn the hard way? Please share what you’ve learned. Also, it is difficult to edit yourself. I’m looking for volunteer editors to look at my Tips before publication. Email me at YourFamilyQuest@gmail.com
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Thursday, 19 June 2025 at 10 am/1 pm (PT/ET) Emma Explores: Stories, Mysteries & Fame
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Thursday, 26 June 2025 at 3 pm/6 pm (PT/ET) Kathy’s Corner: Digitize the Collection
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Anne's Family History has information about Australian copyright rules. https://substack.com/@anneyoungau/note/c-126871972
This is really good information. I didn’t consider that museums and collections can change their policies, for example. I also thought I was somewhat protected if I made any misstep by the fact that I was not reproducing images for commercial use. I tend to stick to certain sources but now I need to be careful especially when using maps and other images from some of these smaller archives and libraries that don’t have policies clearly stated online.