Can I Publish Library Sketch?

Dear Rich: I am an architectural historian studying libraries. If I have permission to enter a famous house in order to measure and sketch the library, can I publish my sketch without further permission? Would it make a difference if the sketch is a floor plan of the library instead of an elevation? 
It's likely you won't need further permissions ... but you should consider the following before publishing:
Copyright hassles? Not! You won't have to worry about copyright claims if you are (1) the sole author of the sketch, and (2) you haven't reproduced a copyright-protected work within the library, for example, a watercolor, poster, or sculpture, and (3) the famous house was designed before December 1, 1990. (Copyright only protects buildings created after December 1, 1990, and if the house was designed after that date, you should review our article on architectural copyright.)
Contract and privacy hassles? Maybe. Did you sign anything, or make any agreements that conditioned your entry into the home? For example, were there any discussions or requirements regarding privacy or confidentiality? Would the publication of the sketch reveal any private or potentially embarrassing information -- for example, the location of valuable, rare books, or the presence of a pornography collection? Are you publishing the sketch as an advertisement for a product or service? Is it likely that the homeowner would learn of your publication and be unhappy?
Bottom Line Dept. Most likely, your publication of sketches of the library won't give rise to legal claims. But if you answered, "Yes" to any of the questions above, particularly the last one, then publication may trigger a breach of contract claim, invasion of privacy, or violation of the right of publicity. In such cases, your liability would be reduced if you published the floor plans rather than a detailed sketch.

Private Facts

Dear Rich: I'm thinking of doing a podcast where people share their personal stories of struggle and triumph, which in many cases might include private facts. In your podcasting course, you mention that it's not okay to share private facts, even if they are true. What can I do to minimize that concern? 
When potentially embarrassing information is disclosed about an individual without relation to a legitimate public concern it may give rise to a claim of invasion of privacy. For example, wrestler Hulk Hogan sued Gawker for publishing sex tapes.
The claim. The Reporter's Committee has summarized the elements of a private-facts invasion of privacy claim: (1) the information is so personal and intimate that its disclosure would offend a reasonable person, even if the information is true; (2) the information is not generally known to the public; (3) the information is not newsworthy; and (4) the disclosure of the information is widely communicated. You can find summaries of a few lawsuits at the Digital Media Law Project.

Limiting liability. Your interview subjects can safely disclose any facts about themselves, for example, "I used to shoplift." But you would want to avoid identifying others involved, for example, "I used to shoplift with my cousin, Mark." You're okay disclosing private facts about a dead person as the dead have no privacy. You may also defend against a claim by demonstrating that your podcast is not "widely communicated," that the information is newsworthy, or that the information is generally known (for example, it's a matter of public record). If your podcast has a corporate affiliation or you've indemnified the sponsors, you should take a conservative approach as injured parties tend to pursue defendants with deep pockets (Although sometimes the injured parties are bankrolled by equally deep pockets).

Can We Use Ancestry and DNA Information in Book?

19th Century imagery used by abolitionist organizations in
 their efforts to turn northern Americans against slavery. 

I’m helping two authors with a manuscript about their experiences researching their ancestors who were slaves. So they go back to the slave period and continue up to present day. I am unclear about the legal rights associated with certain material including: (1) publication of information found in public records, (2) publication of information from church records, historical society records, family bibles, etc. (3) publication of information gained through personal communication, other family members, community members, or fellow ancestry.com members, or others doing family research, (4) publication of information about DNA test result sharing on ancestry.com type sites. (The information is related to finding other relatives.) (5) publication of family photos taken by family/friends, (6) publication of information from personal communications, informal interviews. Relatives are named and identifiable. So their contemporary descendants can identify their ancestors. I am thinking they will want to inform family members, prior to publication, about the inclusion of information/photos in their forthcoming publication that relate to them.
There are sometimes moral and ethical issues when you start digging up the roots of the family tree. (Do you really want the world to know that your mother's grandfather was charged with indecent exposure?) As for legal concerns, here are four questions to consider:

• Are you violating the right to privacy? Invasion of privacy can occur when private or embarrassing facts are disclosed about a living individual without relation to a legitimate public concern. This is referred to as "Disclosure of Private Facts." Dead people do not have a right to privacy. 
• Have you fact checked any statements that could cause damage to a person's reputation? False statements can give rise to libel/defamation claims. For example, you falsely claim that a relative was born out of wedlock. As with privacy, the dead cannot be defamed.
• Are you violating copyright law? Copyright doesn't protect facts or ideas so you'll have no problems publishing facts found in public records, culled from historical and church records, or provided by an interview subject. Copyright doesn't protect unpublished works whose authors died before 1947 or published works that were published before 1923. You can obtain more details on copyright expiration at the Cornell website. If you interview someone and want to use more than facts -- for example several paragraphs of text -- it's usually best to use an interview release. If you know who holds copyright on a copyrighted photo it's prudent to obtain a permission agreement. You do not need a photo release from the people pictured in the photos. Finally, if challenged, you have fair use as a possible defense. 
• Do you have permission to reproduce DNA results? If the DNA test taker consents to publication, you are safe publishing DNA test results. Sites like ancestry.com have privacy policies that allow you to reproduce your test results.

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