Q: Can Genealogy sites stop you from using information from the U.S. Censuses to commercially publish?
Even though the U.S. Censuses are in the public domain after the 72-year rule and are released on “Census Day,” the only places I have found to view them are on genealogy websites where you have to pay or sign up for a free account. After joining they say in their “terms and Conditions” that you can not use anything from their website without their permission. The Copyright Office says no one can place restrictions on anything that is in the public domain.
.
But these sites do. How is this possible? Can they stop a person from using information from their copies of the U.S. Censuses – in which names, and dates cannot be copyrighted? There should be a pecking order – by agreeing to their “terms and conditions” as they try to say, does “contract law” supersede federal copyright law?
.
I do not want to use their images, just names, and dates.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
