[or-roots] Historical maps - 1851 Willamette Valley

Sun Aug 24 15:55:56 PDT 2008

Linda, Ray, Albert and all

Linda, I think the company wasn’t truthful with you, saying they held a
copyright to a 1914 poster. At best, I think the copyright ran out long ago.
Now, maybe they somehow have a copyright for some form of the image, but not
the original poster.

Stephen Fishman, in his “The Public Domain: How to Find and Use
Copyright-free Writings, Music, Art & More” says, “Rule #1: Everything
published in the United States before 1923 is in the Public Domain. Copy
protection on every work of authorship published before 1923 has expired and
all those works are now in the public domain in the United States. This is
so whether the work was first published in the United States or was
originally published outside the United States and republished here.”
http://tinyurl.com/5vfnfl 

But, the book in question (copyright 1972 and still in effect), is not the
best source for the images, copyright or no copyright.

Albert would be better served to either go to the source and scan the 1851
map, or have someone do it for him, or ask if they have it already scanned.
I just Googled the map, and found it is not at the Archives at all, but at
OSU:

Gibbs, George and Edward A. Starling 1851. Sketch of the Wallamette Valley.
Prepared for US Board of Commissioners appointed to treat with the Indians
of Oregon. Several copies of various scales located in the Oregon State
University Valley Library Map Room, Corvallis, Oregon: 1 sheet.

http://osulibrary.oregonstate.edu/research/guides/maps/maproom.htm 

http://oasis.oregonstate.edu/search?/Xgibbs
<http://oasis.oregonstate.edu/search?/Xgibbs&searchscope=8&SORT=DZ/Xgibbs&se
archscope=8&SORT=DZ&extended=0&SUBKEY=gibbs/1%2C2%2C2%2CB/frameset&FF=Xgibbs
&searchscope=8&SORT=DZ&2%2C2%2C>
&searchscope=8&SORT=DZ/Xgibbs&searchscope=8&SORT=DZ&extended=0&SUBKEY=gibbs/
1%2C2%2C2%2CB/frameset&FF=Xgibbs&searchscope=8&SORT=DZ&2%2C2%2C 

Now, the reason for using the original map.  Older, and even current,
printed pictures were done with dot screens, and do not reproduce well.
Unless one extensively Photoshops the pixilation out of the image, it will
have a moiré effect when printed again. Even if you don’t see it on the
screen.  I had to do this for some obituary photos given to my cousin, out
of old newspapers that he cousin needed for a publication. It’s a real pain.

Another good resource for historic maps is http://www.davidrumsey.com/
although I do not find the 1851 map on it. I have received permission from
Mr Rumsey in the past to copy portions of maps for publication purposes,
giving him credit, of course.  In this case, many of the maps are from NARA
and LOC, but non-the-less, he holds copyright to the digitized images.

There is a “Johnson’s Washington and Oregon” dated 1860 which might do.
There are also “Map of a Reconnoissance between Fort Leavenworth on the
Missouri River, and the Great Salt Lake in the Territory of Utah, made in
1849 and 1850
”

“
<http://www.davidrumsey.com/detail?id=1-1-1418-100158&name=Lower+Oregon+and+
Upper+California.> Map Of Lower Oregon and Upper California from the latest
and Most Authentic Surveys Published by Thomas Tennent, at the Surveying &
Navigation Warehouse Sign of "The Wooden Sailor." San Francisco. 1853.
California. Lith. by Alex: Zakreski Cor. Washington & Monty. Entered ...
1853, by Thomas Tennent ... California.”

These maps can be downloaded. Use the “new Luna Browser” (Insight doesn’t
much like Vista, I think). Once you find a map you like, click “Printer
Friendly” on the right side. From there (oh, use “Ctrl click” if you have
popup issues), scroll down to “Full Image Download in MrSID Format” (if you
don’t have MrSID, download it from the link below the map)  Once you get all
this done (just took me about 15 minutes to install MrSID, and open the
file), move to the part you want, then click on Export, and choose what you
want to export – the whole image, or just part of it.  You can save it as a
TIF file.

Now, if you can use the Insight Browser, it is much simpler, as you can
export right from the program, and not mess with MrSID. I preferred it, but
can no longer use it.

At any rate, you can then write to Mr. Rumsey and get permission to use the
book. The ones I used were for a “family” book, not a “Oprah’s book of the
month” commercial book, and that’s what I told him. No problem.

Good luck,

Pat (in Tucson)

From: or-roots-bounces at listsmart.osl.state.or.us
[mailto:or-roots-bounces at listsmart.osl.state.or.us] On Behalf Of
LinLouVan at aol.com
Sent: Sunday, August 24, 2008 9:03 AM
To: or-roots at listsmart.osl.state.or.us
Subject: Re: [or-roots] Historical maps - 1851 Willamette Valley

In a message dated 8/24/2008 8:30:48 A.M. Pacific Daylight Time,
rayp6217 at comcast.net writes:

For myself, I do not plan to publish anything, but as for the possible copy
of the 1851 map for another lister, I can find no original copyright holder
to contact. What little I know (or think I know) about copyright law, would
indicate that the map, itself, has become public domain even if it was
originally copyrighted. If anyone has any further info oncopyright and the
length of time a copyright lasts and if and how many times it can be
renewed, I think it would be pertinent to Oregon genealogy as all of us are
always making photocopies of pictures and documents for our research and a
few even plan to publish their work.

As I understood the original requester, it was for a photocopy of a map from
a copyrighted book.

Even though the map itself might have been a government map and in the
public domain, the book

itself (or that particular compilation of maps) was copyrighted. That
copyright would last 50 years 

past the author's death -- or 75 years, unless renewed.

The other thing the original requester stated was that this was to go into a
work that is being

published. There is where the care needs to be taken. Copying a single page
from a book for one's

personal genealogy (with proper citations) is usually classed as "fair use".
However, publishing

is quite another thing.

I am certainly not a copyright authority, but I do have at my genealogy desk
a copy of "The Copyright

Handbook, How to protect & Use Written Works" by attorney Stephen Fishman,
Fourth Edition published in 1997.

Recently in our community, there was interest in using a lithographed fair
poster from a 1914 event,

altering the image and using it as new. I just happened to see that it
originally came from Fair

Publishing Co., went on line and found that the company started in 1880 and
has been continuously

in business since that time. I contacted them and, indeed they still own the
rights to that lithographed

image. They would reproduce and sell it to us again, but we could not
reproduce and alter it.

Linda VanOrden

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