I have been reading posts on mailing lists regarding copyright and as to whether it is or is not, in some people's opinion, a violation to post excerpts from books like mine on mailing lists. First, I would like to say that it is not a matter of opinion. It is a matter of law.
Despite the fact that information on a tombstone is not copyrightable, the way in which this information is arranged or formatted by an author is copyrightable. A copyright would not even be issued if the content of the book were not copyrightable.
I have also witnessed several messages posted by people who may be confused about whether a copyright is still in effect if the book is no longer in print or if the author no longer alive. Neither of these circumstances has anything to do with the copyright.
Some have contended that by just writing down a name and plot number they are not in violation. Others have complained that they don't live in New York City and have easy access to genealogical records, so they need this information posted. Does this mean that if a researcher lives outside of New York, copyright laws should be ignored?
Finally, I wonder how much thought has been given to exactly what is involved in putting together a book such as Old Calvary CemeteryNew Yorkers Carved in Stone. I'd like to give you some idea. It took over three years and several thousand hours of work both in the cemetery and on the computer. The cemetery is twenty miles from my home and on the direct path of traffic going to and coming from Manhattan. Calvary Cemetery is practically devoid of shade so most of the time I was exposed to full sun. Several times I was surrounded by a pack of wild dogs. Kettle holes concealed by grass were a constant concern after the first two ankle fractures. I had my share of bee stings and a bout of poison ivy. There were also a couple of flat tires as a result of unseen floral wire on the roadway. I incurred two moving violations when I went through a yellow light on Queens Boulevard. That costs me $200. I've had to stay alert for possible muggers or worse and several times retreated to my car when someone suspicious got too close. And I've gone from heat exhaustion to wet frozen feet.
It would have surpassed any amount I've made in royalties if I had a dime for every time I said, "What the hell am I doing this for," or, "I must be out of my mind." The answer came to me each time. I'm making a contribution to something I love. I'm giving something back. I'm preserving what's written on the headstone, especially those worn onesthe ones I have to use caulk on, tracing paper on, or the ones I have to beg to give up a few letters of a County, Parish or Townland in Ireland.
All this so that a person that I don't even know, who is the descendant of the souls buried in this grave will be joyous that I squeezed any clue at all from the headstone. I am constantly mindful and sympathetic to those who live hundreds or even thousands of miles away whose ancestors lived, died and are now buried in Calvary Cemetery in New York City. I had you in mind when I transcribed these headstones. Please keep these things in mind when you say, "they belong to us anyway," and "if the book is not mentioned in the e-mail, then there is no proof that's where the info came from."
Dear Fellow Researchers, if you want authors to continue to be motivated to do this work please consider what goes into it and how little the author gets in return. (The author gets 10 percent royalty, before taxes.) I currently have Second CalvaryNew Yorkers Carved in Stone nearly ready for publication. Other local authors and myself ask each other, "Should we bother with future volumes? What's the point?" Modest earnings from publications rarely cover the time and costs invested in the publication.
Should anyone think that I have nothing else to do with myself, you'd be very wrong. I work part time, I'm married, and have two children. In addition, I am very actively involved in a project to computerize deteriorating sacramental registers in some of the oldest Catholic churches in Brooklyn. This project has no monetary gain for me at all.
Listen, I'm not asking for a statue to be erected in my honor in the Genealogy Hall of Fame. All I'm asking is this: when you're about to give away another person's work, THINK about what that person had to go through to make it available to you, the researcher, and put yourself in the author's shoes. Ask yourself if you're being ethical. Is what you're doing legal? Will you be discouraging future projects and potential authors because you didn't think?
Rosemary Muscarella Ardolina
Rosemary Muscarella Ardolina was born and raised in Brooklyn (Kings County) and now lives in Queens County. She is has always thought of cemeteries not as gloomy or depressing but as outdoor museums. She attributes this fascination to the regular trips her family made to the cemetery when she was growing up. She says, "In spite of the mishaps that I've experienced in Calvary, I believe that those who are buried there are thankful that I am preserving their memory and that they do watch over me. There is something very satisfying and comforting about the 'cemetery' work I do."
Those interested in purchasing a copy of Old CalvaryNew Yorkers Carved in Stone can e-mail Rosemary at RoArd29@aol.com. Second CalvaryNew Yorkers Carved in Stone will be available at the end of this year.
Below are several other publications that may be of interest to those with NY or Irish roots:
James R. Reilly, C.G.R.S., St. Paul's Roman Catholic Church, Brooklyn, New York, Baptism & Marriage Registers, (1839-1857), The Irish Parish, (Redmond Press, Salt Lake City asisjr@netutah.net)
Helen M. Murphy & James R. Reilly, C.G.R.S., Marriages in the Roman Catholic Diocese of Tuam, Ireland, 1820-1829, (Heritage Books, Inc. http://www.heritagebooks.com)
James R. Reilly, C.G.R.S., Richard Griffith and His Valuations of Ireland, (Baltimore, Md.: Clearfield Publishing Co., Inc. http://www.genealogybookshop.com/)