How should I use this resource?

Question

Hi! I have a published family tree from 1949 that has been made available on HathiTrust. 

Cool side note, My Great-Grandmother Lena had this book in her possession and it is the source of my love for genealogy

It is not copyrighted, as far as I can tell... I have used it in 2 ways on different profiles on Edward Hulpiau I copy/pasted the stories directly. On Sarah Jelly I used the story to fill out with my own words.

What I would like to do, is put the pages that are specific to the individual on their profiles as img, and use the information to fill out their bio in my words... is this acceptable? 

Thank You in advance

HathiTrust: Histories of the Jelly family and the Hulpiau family / [Esther Irvine] 1949 https://babel.hathitrust.org/cgi/pt?id=wu.89066175217&seq=13

Answer 1

1949 = copyrighted
1924 or earlier = out of copyright

I think.

Answer 2

I have looked at this and Google has put this into 

Public Domain, Google-digitized.

Comments

Thank you Gary, I suspect that means I can do as I please because of the Google "public domain". I as a decendant, am given permission by the author herself, in her preface.

I am concerned also on proper WikiTree standards. I have been a bit willy nilly as I learn how the system operates and I am afraid to go through the process of building my Biographies and attaching the images, only to be told I need to do it differently.

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Hi Jude
That is not how I would interpret Public Domain - Google digitized, the following quote is quite clear in not giving you permission to upload content to WikiTree

"The digital images and OCR of this work were produced by Google, Inc. (indicated by a watermark on each page in the PageTurner). Google requests that the images and OCR not be re-hosted, redistributed or used commercially. The images are provided for educational, scholarly, non-commercial purposes.
" 

So you shouldn't upload the digitised images from HathiTrust to WikiTree, as although free to use, WikiTree is a commercial website.  Some copyright holders have allowed WikiTree to post copyrighted information but you would have to ask permission.

However if you have been given permission by the author and you can access an original copy, you could scan the pages yourself and upload them yourself.  I'm definitely not a copyright lawyer but that sounds like it might be OK.

Or as the HathiTrust instructions state - Note: There are no restrictions on use of text transcribed from the images, or paraphrased or translated using the images.

Answer 3

Rather than uploading the book, I would include links on the profile page to reference it, so others can access it as needed. You can add a See Also under the Source reference header, and add the link the same you would with a source.

Answer 4

As the preface gives you permission, you can use the text, and if copy and paste is available from Hathi, that would be OK, no way anyone can tell the difference from copy-typing.
 I'm not sure if posting on Wikitree is actually commercial use, Wikitree is registered as a commercial company for pragmatic reasons, but functions much the same as WeRelate, which is a non-profit. As there is no charge to use Wikitree it probably qualifies as non-commercial usage.
It's safer however to use a link rather than a watermarked image, I would however download copies of the book to my own computer in case the links fail, or the work is taken off-line.

Comments

Thank you for your input, these are all points that have been rolling in my head. The balance of right and wrong is precarious I will continue as I have with my own verbiage and in-line sourcing to specific pages.

Unfortunately, the book is long gone. Family members took what they wanted and everything else was donated when grandma died. I would like to hope it is sitting on a cousin's shelf somewhere... meh! I will download, that is very good advice.