FRIDAY FOSSICKING
J. Miller MARSHALL (22 November 1858 - 12-Jun-1935) Dead in Minehead, England PUBLIC DOMAIN
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records-access-alerts
* GENEALOGISTS AND BLOGGERS
European Council
Following copyright laws are very important for genealogists. There are different laws for different countries, and genealogists before they include any items in articles, online or in print should be familiar with the copyright that might cover those items. The Legal Genealogist, Judy Russell, has blogged extensively about copyright and genealogists. See: https://www.legalgenealogist.com/ and search copyright.
The following proposal by the European Union Council addresses Internet/Online use of materials, including search engines which we all use.
The European Council, is charged with defining the European Union's (EU) overall political direction and priorities, and is the institution of the EU that comprises the heads of state or government of the member states, along with the President of the European Council and the President of the European Commission. It has no formal legislative power, rather it is a strategic or crisis-solving body. (See: https://en.wikipedia.org/wiki/European_Council).
On May 25, 2018, the same day the General Data Protection Regulation (GDPR) became effective the EU Council approved a draft of the directive on adopting EU copyright rules to the digital environment. Now the president of the Council has to negotiate with the European Parliament comprised of 751 elected members by EU citizens, as Parliament will also have to vote on the draft rule and it has the authority to make changes to what is being proposed before it votes.
There are some differences between what the Council and the EU Commission proposed. The Commission is responsible for proposing legislation and implementing decisions had has 28members, one for each member country/state. The Council version is to create a new right for press publishers for online use of their publications lasting only one year instead of the 20 years proposed by the Commission. The Council also proposed copyright protection over "parts" of press publications. "insubstantial" parts of press publications would not be covered and they leave it to the member states to apply originality or size criterion or both criterial to determine what is " insubstantial".
The proposal also addresses the :"value gap" the remuneration received by authors and the profits made by Internet platforms. Service providers will have to obtain authorization from right holders. When no authorization has been given, for example because right holders do not want to conclude a license, the service provider will have to prevent the availability of the works identified by right holders. Otherwise, they will be considered to be liable for copyright infringement.
Some concerns that have been expressed are: tweeting a creative news headline would require paying the publisher whose newspaper created the headline would be an infringement of the proposed extra copyright for publishers. If someone shares a link with a social media service that automatically generated a preview picture or text snippet it would be subject to licensing if it goes to "press publication". When a search engine "searches" the read all websites using a robot to create a database of which and where they were found would be outlawed without licenses from the publishers—and that includes just storing the data even if it is not displayed. Most of us use search engines in our research- whether it be Google or Bing or Yahoo, they would all have to get licenses from ALL journalistic sites or delist them from their search results.
The "link tax" is even when publishers believe they benefit from being listed in news aggregators and search engines and having their content linked to social networks they must still demand to be paid for it-this may exclude smaller publishers. Spain has this law already "Canon AEDE" and several smaller news aggregators shut down and small publishers saw the numbers of readers drop. As a result of the Spanish law, Google removed Spanish publishers from Google News and closed Google News Spain. Visits to the AEDE news sites dropped 99%, from 1.7 million to 17,000. Other countries tried this and failed. But the former EU Digital Commissioner believes while Google can subdue individual countries they can’t do it for the entire EU bloc of 28 countries. See: https://openmedia.org/en/link-tax-editors-story
There are other concerns expressed by Julia Reda in her blog which can be read at: https://juliareda.eu/eu-copyright-reform/
To read the proposed draft Copyright rules see:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016PC0593 Click on the language abbreviation such as EN for English whether you want it in html, doc or html. All of the EU supported languages are available from this link.
Jan Meisels Allen
Chairperson, IAJGS Public Records Access Monitoring Committee
Reclaim the Records has won their third Freedom of Information lawsuit—this time against the New York City Clerk's Office for 1.5 million New York City License Indexes for the time period 1996-2017. Not only did they prevail in the lawsuit for the indexes, they also won their attorney fees.
Their fight with the New York City Clerk's Office took nine months for Reclaim the Records to get the public copy of the 1996-2017 New York City marriage license index. The index is 1.5 million records equaling about 3.1 million names. This is a continuation of the 1908-1929 and 1930-1935 data sets won in previous lawsuits against the New York City Municipal Archives and the New York City Clerk's Office respectively. (See IAJGS Records Access Alert for January 12, 2018 for background). You can read the saga of the litigation on the Reclaim the Records website at: https://www.reclaimtherecords.org/records-request/11/
To search the data from 1950-2017 go to: https://www.nycmarriageindex.com/. No database exists (yet) for pre-1950 licenses, but the original handwritten ledgers were microfilmed. The 1908-1929 index microfilms were recently digitized and put online. The 1930-1972 index microfilms were uploaded to the Internet Archive in early 2017. Both of these earlier datasets were also made available after successful litigation by Reclaim the Records.
The new 1950-2017 database is broken into two different time frames: 1950-1995 and 1996-2017. You can search or download by excel, csv (comma separated values) or SQL (Structured Query Language). Note these are indexes to every marriage license filed, not necessarily every marriage in New York City. Reclaim the Records notes that there are approximately 30,000 missing records particularly for 1950s-1960s. Please read the entire release and the frequently asked questions before you start to search.
Note, starting in June 2011 New York State started to legally recognize same-sex marriages. Therefore, for the 2011-2017 portion of the data the database headers of "bride" and "groom" are gender agnostic/neutral and are referred to as "Spouse #1" and "Spouse # 2".
A marriage license and marriage certificate are two different types of records. What Reclaim the Recordsobtained is an index of marriage licenses. The license is what the couple fills out prior to the marriage with all the background information and the officiant and witnesses sign at the time of the marriage. The marriage certificate is what is the officiant mails into the appropriate government (county/city) recorder office and proves the couple is married and names the whom, when and where and name of officiant. Both are government documents.
To read the announcement see:
The IAJGS Records Access Alert previously reported the Tilburg, Netherlands Regional Archive announced their online family cards collection dating from 1920-1940 will be affected by the GDPR as the family cards contain data about the religious disposition of residents. As a result of advice of the Association of Dutch Municipalities the archive will no longer be able to offer the services of family cards online. The family cards contain data about the religious disposition of residents The concern of being out of compliance with the European Union's General Data Protection Regulation (GDPR) which became effective May 25, 2018, has resulted in more archives in the Netherlands removing records previously accessible online. There are now 450,000 fewer records with personal information available online- the records are still available at the archives. The GDPR applies to living individuals not those who are deceased. As some of the records include information on those still living to avoid the hefty fines for violating the GDPR, several archives have removed records such as family cards from their online access.
The Amsterdam City Archives has displayed a notice—a disclaimer:
On the advice of the Association of Dutch Municipalities Archive institutions such as: Brabants Historische Informatie Centrum, Regionaal Archief Alkmaar and Archief Eemland have deleted this information from their websites.
See: https://genealogie.coret.org/en/ under Open Archives. It is also available in German and Dutch. Scroll down to bottom of the page and click on the language of choice.
I have no affiliation with Open Archives which has a subscription portion of their website. I do receive their free newsletter to keep apprised of activities as mentioned above. I am posting this solely for the information of the reader.
NOTE: QUESTION and ANSWER
One of the IAJGS Records Access Alert subscribers asked the following:
"How do genealogists in the New World send back death info for European born ancestors to these archives to show that the people are no longer living, especially within the 125 year blackout ??"
The 125 year embargo period is something included in the (US) 2011 Draft Model State Vital Statistics Act being advocated by the National Association of Public Health Statistics and Information Systems (NAPHSIS) in the United States and very few jurisdictions within the United States has adopted the 125 years for birth, 75 years for death and 100 years for marriage and we keep fighting that—yes New York City adopted that for transferring records from the Department of Health and Mental Hygiene to the Department of Records Information-and they recently expanded the relatives that do not have to wait for the embargo periods—See IAJGS Records Access Alert for New York City for more information. Few other jurisdictions have adopted those embargo periods, and one state, Oklahoma which did adopt the Model Vital Statistics Act embargo dates has already amended the death records embargo period to 50 years. If you know of a state that is considering introducing the model act please let me know.
To show someone in a European Union country that someone born in the European Union has died here in the United States or other than in than in the country of their birth, my suggestion would be to send a copy (certified copy if possible) of the death record to the particular country archive. Other types of proof of death could be an obituary but it is up to the archive whether as to what they will accept. I would write to the particular archive and ask them what information they would accept.
If you don't know the address of the archive, look them up under Google as archive: name of country. For example a Google search for archive: Netherlands returns National Archives with this website:
https://www.nationaalarchief.nl/en. Scrolling down the page is an envelope with the word "contact" as well as their phone number. You can send them an email at the address when you click on "contact". Another example would be searching Google:
archives: German National Archives and the return I answer provides: http://www.bundesarchiv.de/EN/Navigation/Home/home.html and the "contact is on the top of the page.
If other IAJGS Records Access Alert subscribers have additional ideas contact me at recordsaccess@iajgs.org and we can publish relevant suggestions.
New York State is one of several US states that have a restrictive law pertaining to adoptee access to original birth records. There is a bill in the New York Assembly, AB 9959B. The bill may be read at:
http://legislation.nysenate.gov/pdf/bills/2017/A9959B. If the adult adoptee is deceased, the adoptees direct line descendants may also obtain a copy of the birth certificate. To follow the law's progress or submit a comment see: https://www.nysenate.gov/legislation/bills/2017/a9959/amendment/b
The Assembly recesses on June 20 so it is important that it be passed soon.
This is not the first attempt to open adoptee records in New York State, Those opposed believe opening the records would make adoption less appealing an alternative to abortion. Others are concerned about a promise of confidentiality made to birth parents.
To read an article in the New York Times about this see:
To look state-by-state on whether the state has open or closed laws regarding access to original birth records for adoptees see: https://www.americanadoptioncongress.org/state.php
WHOIS is the domain database of all registered domains. Not only do new companies who want to register a domain name check WHOIS to make certain the name is available and identify trademark infringement. WHOIS is used by network administrators to identify and fix problems. The International Corporation for Assigned Names and Numbers (ICANN) protects domain registrants by prohibiting the use of WHOIS listings for marketing or spam purposes.
The European Union's General Data Privacy Regulation (GDPR) has essentially taken down the service in the EU as it publishes contact details, including names, telephone numbers and home and email addresses of all domain name holders. GDPR requires "personal information" to follow its rules, and the aforementioned contact details all are "personal" information. ICANN had requested to the then Article 29 Data Protection Working Party (now called the EU Data Protection Board) in January 2018 proposing an interim plan to be compliant with the GDPR which became effective May 25, 2018, and was adopted two years prior. ICANN wanted a special temporary exemption from the law—which was denied. ICANN stated "Without resolution of these issues, the WHOIS system will become fragmented." So in its current form it is the end of the public WHOIS.
ICANN has decided to take its case to court. First they filed an injunction against EPAG, a Germany-based registrar, in a move that it explicitly stated is designed to receive court assistance in interpreting the European Union General Data Protection Regulation (GDPR) as it relates to WHOIS. This was in response to EPAG's announcement that it will no longer collect administrative and technical contact information as it believes it is a violation of the GDPR rules. ICANN requires this information to be collected. As the injunction was not granted, ICANN is now appealing to Germany's Higher Regional Court to have EPAG reinstate all of WHOIS data. In their filings ICANN asks the German Higher Court if they are not clear about the GDPR to refer the issues to the Court of Justice of the European Union. Usually such a request does not occur until the lower court-in this case the German Higher Court- decides they need further clarification.
To read more about the ICANN-WHOIS situation see:
and
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* IRISH CENTRAL
just for you...
Chocolate brownies with Bailey’s Irish cream topping recipe
Delicious Guinness food pairings and recipes
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That Moment in Time
Preserving letters, diary on castle floorboards, Irish female convicts, death at Dingo Ck, free eBooks through NLA, ancient Jewish graffiti, Ire. school registers, Suffrage, literary landscape, Scotland Monumental Inscriptions Index, search UK Parish registers, Chicago parish registers, Ugandan barkcloth, world changing glass, forgotten literary treasures, using War of 1812 pension files, State Library Qld, declutter your screen,
ghost town swallowed by nature, and so much more…
Irish Graves
Rookwood, thanks to Barbara Platfoot
St. Patrick's Catholic Cem. Nth Parramatta thanks to Noelene Harris
All Saint’s Nth Parramatta thanks to Noelene Harris
St Peters Anglican Church, St Peters with thanks to Brett Andrew Woods
Eastern Suburbs Memorial Park thanks to Noelene Harris
Nowra, thanks to Sharon Allan Newell
Kurrajong thanks to Noelene Harris
St Philip’s Anglican Cemetery, Warkworth, NSW with thanks to Cherie Livotto
New Page.. CEMETERY INDEXES...
I have just added a new page to Irish Graves... CEMETERY INDEXES... please let me know if you come across any I don't have... I will add more as I find them... there are sure to be some in my files that I have missed, I have a lot of files.
Headlines of Old
Australia's Colonial History, Convicts, ever wanted to circumnavigate Australia ? You can do it for FREE, Western Australia, Rottnest Island, lighthouse, free ports, Trove Tuesday 19 June, 2018,
https://headlinesofold.blogspot.com/2018/06/circumnavigating-australias-colonial.html
As They Were
"Blacksmiths and vernacular ironwork traditions of West Clare", Kilrush and District Historical Society, INVITE - 26 JUNE, 2018, Eric O'Neill,
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