That Moment in Time: FRIDAY FOSSICKING 15th Mar 2019

This is not purely genealogical, however, genealogists need to be aware of copyright laws so they do not inadvertently infringe on another's right.

On March 4^th the Supreme Court of the United States (SCOTUS)) unanimously ruled in Fourth Estate Public Benefit Corporation v. Wall Street.com that " although the copyright statute confers exclusive rights upon the author of a work as soon as the work is created, a copyright owner may not file an infringement suit until the Register of Copyrights has acted on the owner’s application to register the copyright in the work." The determination turned on the meaning in Section 411 (a) of the statute, "registration of the copyright claim has been made." To read the Supreme Court decision, given by Justice Ginsberg see: https://casetext.com/case/fourth-estate-pub-benefit-corp-v-wall-streetcom-5

History

According to the SCOTUSblog," Fourth Estate alleged that Wall-Street.com infringed Fourth Estate’s copyrights in news articles by displaying the text of those articles online after Wall-Street.com’s subscription had expired. Fourth Estate submitted a registration application covering 244 articles. A few days later, without waiting for the Register of Copyrights to process the application, it filed a copyright infringement suit against Wall-Street.com." The lower courts dismissed the case, ruling that Fourth Estate had failed to comply with Section 411’s requirement that registration be made before an infringement suit is filed. Fourth Estate petitioned for certiorari, noting that the Courts of Appeals for the 5th and 9th Circuits have long followed a rule permitting a copyright owner to file suit as soon as it submits its application for registration, and arguing that that construction better fits the language of the statute and the policies that it seeks to effect.

The question before the court came down to whether registration had been made as soon as the application had been filed or only after the Copyright Office acted upon the application and either registered the copyright or rejected the claim. The Court determined that the Copyright Office must have registered the copyright for the registration to have been made.

To read the SCOTUSblog article see:

https://www.scotusblog.com/2019/03/opinion-analysis-a-copyright-owner-cant-sue-for-infringement-before-the-register-has-processed-its-copyright-registration-application/

Library and Archives Canada (LAC) and FamilySearch working collaboratively published the index to the 1926 Canadian census of the Prairie Provinces: Manitoba, Saskatchewan, and Alberta. While Canada usually conducts a census every ten years since four years after the Confederation in 1871, due to the rapidly expanding population of the Prairie provinces a more frequent census was undertaken in 1906—in between the Canada-wide censuses- and every ten years thereafter.

The 1926 Census of the Prairie Provinces were transferred from Statistics Canada to Library and Archives Canada on June 1, 2018. The census was on 46 microfilm reels (48,529 images) LAC digitized the images into PDF and JPG formats FamilySearch has indexed the images so that they will be searchable on the LAC website. While the indexes are up on FamilySearch at: https://www.familysearch.org/search/collection/3005862, they are not expected to be available on the LAC websitehttp://www.bac-lac.gc.ca/eng/census/pages/census.aspx _until the beginning of March. This site contains all the Canadian censuses available on LAC.

To access the 1926 Prairie Census on FamilySearch you will need to have a free account. You can access and register for the free account by clicking on "free account" in the upper right corner of the aforementioned FamilySearch url. There are some indexes linked to images, but not all. If it is there it is on the right side.

The blog My Genealogy Life explains what to do if no image appears:

https://mygenealogylife.ca/2019/02/25/1926-prairie-province-census-index-released-by-family-search/

Thank you to Gail Dever and her blog, Genealogy à la carte for sharing the information. See: http://genealogyalacarte.ca/?p=27303

Jan Meisels Allen

Chairperson, IAJGS Public Records Access Monitoring Committee

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https://thatmomentintime-crissouli.blogspot.com/2019/03/friday-fossicking-8th-march-2019.html

Irish Graves

New page added..

TOOWONG CEMETERY, BRISBANE, QLD, NO HEADSTONES

https://irishgraves.blogspot.com/p/toowong-cemetery-brisbane-queensland.html

Waverley, NSW Metro

https://irishgraves.blogspot.com/p/waverley-cemetery-nsw-metro.html

With thanks to Noelene Harris

NSW REGIONAL J-Z

https://irishgraves.blogspot.com/p/new-south-wales-regional.html

Pambula

With thanks to Geraldine Rae

Penrith

With thanks to Brett Andrew Woods

Ryde

St. Charles Churchyard

With thanks to Noelene Harris

Brisbane, Qld

http://irishgraves.blogspot.com/p/toowong-cemetery-brisbane.html

Toowong

With thanks to Heather Brownett

Headlines of Old

Absconded Convicts - Jul 1840, NSW Govt. Gazettes, male and female, UK+ Ireland, lists include ships convicts arrived on, great physical descriptions and the crimes they committed.

http://headlinesofold.blogspot.com/2019/03/trove-tuesday-12-mar-2019-absconded.html