No copyright mark, reprint in 1984 of documents from 1700s

+8 votes
187 views
I have done a lot of rights and permissions buying in my lifetime but I have never run into this situation and am wondering of anyone here knows the answer...  I have electronic scans sent to me by a cousin of a pamphlet that was reprinted in 1984 of a chronicle my 4x great grandfather wrote in the 1700s.  It was first published by his grandaughter's husband in 1830.  It was translated by another family member in 1905 and the translation was printed in 1984 by a name I do not recognize.   There are no copyright marks or notes on the documents that I can see...  Are these images I can post as images or not?  Some of the pages have info about the people I am entering or have entered into WikiTree and I would like to add the images for more support of the data.  I can email to someone if I need permission to post them and someone needs to review them first.  

Thanks for your help!
in Policy and Style by Laura Bozzay G2G6 Pilot (839k points)

2 Answers

+4 votes

I would believe it be fine as long as you note the source of how you gained the information. Facts cannot be copyrighted see Feist v. Rural

by Anthony McCabe G2G6 Pilot (386k points)
+5 votes
I'm only familiar with Australian copyright, so some of this may not apply.

Copyright can exist on a document regardless of whether there is any copyright notice or not, and although as Steven says, facts can't be copyrighted, how those facts are put together can be, particularly if you are planning to scan pages and add those images to profiles on Wikitree.

My advice would be to see if you can contact whoever published the document in 1984 and get their permission.  The other alternative is to just use the document as a source and not post any images.
by John Atkinson G2G6 Pilot (627k points)

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