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Uploading Ancestry images to other tree websites?

Discussion in 'Online family trees' started by Pauline, Aug 20, 2024.

  1. Pauline

    Pauline LostCousins Megastar

    How do others interpret the Ancestry T&Cs with regard to their digital images of things like parish registers and wills? I’ve always understood these to be copyright, and that attaching them to public trees on other websites is therefore not allowed.

    We are allowed to download and print a reasonable number of images for our own private use, but making such images freely available to anyone and everyone on other sites doesn’t seem to me acceptable.

    Some suggested to me recently that being a paid subscriber at Ancestry allows people free use of their images wherever.
     
  2. peter

    peter Administrator Staff Member

    Ancestry's Ts & Cs state:

    2.2 Your Use of Ancestry Content
    When accessing Ancestry Content you agree:
    • To use Ancestry Content only in connection with your personal use of the Services or professional family history research;
    • To download Ancestry Content only in connection with your family history research or where expressly permitted by Ancestry;
    • Not to remove any copyright or other proprietary notices on any Ancestry Content;
    • Not to use significant portions of Ancestry Content outside the Services, or in a manner inconsistent with your subscription; and
    • To contact us to obtain written permission to use more than a small number of photos and documents that are Public Domain Content.
    If users need written permission to use more than a small number of documents on the Ancestry site which are in the Public Domain it stands to reason that Ancestry do not allow unrestricted use of images which are not in the Public Domain.

    Bear in mind that Ancestry themselves are in many cases going to be limited by the agreements they have with the owners of the content - anyone who has visited a record office will know how restrictive their terms usually are, and in some case the records offices are dependent on the agreements they have with the owners of the documents they hold but do not own (such as parish registers).
     
  3. Pauline

    Pauline LostCousins Megastar

    Thanks, Peter. That’s the bit I found and I had similar thoughts to you.

    However, what constitutes a ‘small number’, and is adding them to a public tree on another website ‘in connection with your family history research’? I can see that the latter actually relates to ‘downloading’ images, rather than uploading them to a public website, but I can also see how some researchers might interpret this as saying it’s OK to publish Ancestry images on other sites, providing it’s in connection with your research, and does not involve whole datasets.

    I am reluctant to contact the archives in question in case their longer term response is to remove their records from Ancestry.
     
  4. Pauline

    Pauline LostCousins Megastar

    To add to what I said earlier, and why I asked my question initially, is that the Ancestry T&Cs do not say explicitly, and in plain English, ‘you may not take images from this website and upload them to another’ (or words to that effect).

    My interpretation is that uploading Ancestry images to public trees on other websites would be in breach of the Ancestry T&Cs, copyright and licensing considerations, but is my interpretation correct?
     
  5. peter

    peter Administrator Staff Member

    They say in plain English what you can do, which keeps it simple. The key phrase is 'personal use' - publishing can never be personal use.
    Adding images to a public tree on any website (even Ancestry), or publishing them in any other way would, in my view, breach Ancestry's terms.
     
    • Thanks! Thanks! x 1
  6. Susan48

    Susan48 LostCousins Superstar

    Do the Ancestry T&Cs cover images that did not originate from Ancestry datasets? For example, if someone has uploaded to their tree an image of a parish register entry which they have paid for directly from the Record Office concerned, but which is not available to view on Ancestry? Once uploaded to one Ancestry public tree these images tend to appear on many other trees. I'm sure the Record Offices would not be happy about this, but how can Ancestry prevent it happening?
     
  7. peter

    peter Administrator Staff Member

    Most record offices place restrictions on the use of images which would prevent them being uploaded to any public tree (and probably to a private one too, though who's going to know?).

    Note that the excerpt from the Ts & Cs above relate solely to content provided by Ancestry - there are other restrictions in the agreement including this one:

    Not to resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms
     
    • Thanks! Thanks! x 1
  8. Pauline

    Pauline LostCousins Megastar

    I'm sure Ancestry could prevent people publishing copyright images on their site, but I have my suspicions this is something they won't bother about unless challenged by the copyright holder - which has sometimes happened, but not for individual images.

    Maybe other sites are the same. If people upload Ancestry images to public trees on other websites, maybe nothing will happen unless Ancestry challenges it, and my guess is that they probably won't.
     
    • Thanks! Thanks! x 1
  9. peter

    peter Administrator Staff Member

    This is always the case with intellectual property - it is up to the proprietor (or their representative) to take action, and they tend to do this only when there is a blatant breach. But this discussion is about what is permitted, not what you can get way with if you're prepared to take a chance.
     
  10. Pauline

    Pauline LostCousins Megastar

    Trouble is, if no action is taken against individuals who breach Ancestry T&Cs and copyright restrictions, then you can sort of understand why some people think it’s OK to disregard them - always assuming they’ve actually read them, that is.
     
  11. peter

    peter Administrator Staff Member

    You can be sure that if anyone stated publicly that it was OK to breach Ancestry Ts & Cs, they would have their lawyers on to them without a moment's thought!

    I was personally involved in several intellectual property disputes when I was running my software publishing company and I can recall that more than 40 years ago a case that was settled "on the steps of the High Court" involved costs of £5000. That's not damages, it's just one side's legal costs. That £5000 would be more like £50000 today - it's not worth taking the risk.
     
  12. cfbandit

    cfbandit LostCousins Member

    Likely because in most cases, their Ancestry account is terminated and any dispute resolution is forced into arbitration so we never hear about them. The US appeals court case in February was the first time I've ever heard ever heard anyone challenging the T&Cs and not being forced to go into arbitration (though that was about Ancestry DNA, not Ancestry.com). I believe y'all in the UK are forced into using Irish law if you want to file anything, so its probably cost-prohibitive for most regular people to dispute an account termination.
     
  13. cfbandit

    cfbandit LostCousins Member

    I have an amazing copy of a coroner's inquest into a fatal accident of an ancestor I dare not publish because I had to sign an agreement not to publish it, and that by default would include an online family tree. Even a private one.
     
  14. peter

    peter Administrator Staff Member

    Uploading something to a genuinely private tree is surely not 'publishing'? But I suspect the wording is more restrictive than that, for example it may prohibit copying.

    One record office I attended forced me to agree not to publish even transcripts of passages from diaries that were around 150 years old. That's about as restrictive as you can get!
     
  15. cfbandit

    cfbandit LostCousins Member

    Ugh, yes. Its almost a page long of "don'ts". And its from 1873, so I'm like...its well past any danger of being used in a lawsuit or something? It was a sad case, he was only married about ten years before the accident and his wife outlived him by 40 years and never remarried.
     
  16. peter

    peter Administrator Staff Member

    You could submit a Freedom of Information request asking them the precise basis on which publication is banned. In fact it would be very useful to know what they say as it could have application in other circumstances.

    Many Crown Copyright documents can be published - but I'm perhaps jumping ahead.....
     
    Last edited: Oct 9, 2024 at 12:18 PM

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