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Subject:
Where to find baby names, meanings, and origins to create a database?
Category: Business and Money > Small Businesses Asked by: dlh2004-ga List Price: $25.00 |
Posted:
06 Dec 2004 20:28 PST
Expires: 05 Jan 2005 20:28 PST Question ID: 439163 |
I want to add a database of baby names to my current baby-product related website. I've scoped out the competitors and found that a lot of them have the same or similar names, meanings, and origins. None of them have the exact same set of names. I need to find out where to get an extensive list of names, meanings, and origins that I can freely use on a commercial site without steeling anyone's copyrighted information. It's okay if it comes from multiple sources. These other websites have done it and don't seem to credit any sources, so I know the information must be out there. I've already found the government resource that lists the most popular names by year, but it doesn't list meanings and origins. I'm stumped. |
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There is no answer at this time. |
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Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: gfmaster-ga on 06 Dec 2004 21:23 PST |
dlh2004, An excellent site that meets your criteria is here: http://www.behindthename.com/ I believe your fears about copyright infringement are unfounded primarily because names are similar to words, in that they are a part of our common culture (ever hear of a dictionary company suing someone?) Secondly the vast majority of names are from past ages and just like a book from the 19th century, copyright has expired. Lastly if still in doubt look at the webmasters references (http://www.behindthename.com/references.html) and note that he has sourced the names from recent and past books (etc). Has he been sued? I think not. P.S. Reference books may be available through your library. Kind regards and don?t worry, gfmaster Copyright 2004 (only kidding) |
Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: dlh2004-ga on 07 Dec 2004 07:21 PST |
That's a good point. You're probably right about the names being too common for a copyright. What I'm really worried about are the meanings. They are often 1 to 3 words and are sometimes phrased differently in each source. I like your idea of using library resources to find old baby name books that may have expired copyrights. However, I think it's unlikely to find really old books. If a book was copyrighted in 1887 and then reprinted in 1997, would the copyright be renewed? |
Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: ipfan-ga on 07 Dec 2004 07:53 PST |
A thought: You cannot safely assume that simply because a name or word is common that it is not subject to copyright protection. Assume that you find a database on the web somewhere that contains 1,000 baby names, meanings and origins, and because the names are all common (e.g., Matthew, John, Steve), and because the definitions and meanings are all fairly short in length or are taken from a very old public domain source, you conclude that you can simply copy and import the data into your site. Now while it is true that under current copyright law most databases are merely compilations of raw data and raw data is not protectible in copyright, the trick is determining whether the underlying database really is nothing more than an assemblage of raw data (common names, short public domain definitions and meanings) or if the authors have imbued it with enough creativity and originality in the selection, arrangement and presentation of that data so as to make those aspects of it copyrightable. See Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991) (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=499&page=340). See also Mywebgrocer v. Hometown Info, (2d Cir. 2004, No. 03-7909, July 13, 2004) (http://caselaw.findlaw.com/data2/circs/2nd/037909p.pdf) (holding that even an otherwise uncopyrightable assemblage of facts may merit copyright protection if evidence suggests some creativity was employed in the selection, order or arrangement of the otherwise unprotectible facts.) So, before you copy someone else's name data, please make sure under the Feist case that the data is not subject to copyright protection. Indeed, imagine what the publishers of the Merriam Webster dictionary would do if I simply photocopied their dictionary and sold it under my own name. Do you think they couldn't sue me? Sure they could, because they spent a lot of time and money preparing the definitions, arranging the data, editing the text, etc., and a lot of creativity when into it as well. As to your question about a book first published in 1887: if it was reprinted verbatim without the addition of any new material in 1997, the work would still be in the public domain, yes. |
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Re: Where to find baby names, meanings, and origins to create a database?
From: dlh2004-ga on 07 Dec 2004 12:08 PST |
I guess I need to hit the local library and find some pre-world war one name dictionaries. Any ideas on some specific pre-world war one name dictionary titles (edditions)? I already checked out the gutenberg site. No luck there. |
Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: gfmaster-ga on 07 Dec 2004 20:45 PST |
dlh2004, The caution expressed by ?ipfan? is respected as is your ultimate decision regarding the sourcing of the names. In good conscious I would find it repugnant to publish anothers works under my own name. Its simply the case that I firmly believe the referance website is not another persons work, in the same sense that the entries in ?Merriam Webster? dictionary (or any other of that ilk) arn?t. They are collections of facts expressed in a logical manner, available for all. The collectors of the material have worked hard to compile it into its form and may feel a sense of ownership because of that effort (expressed erounously by claiming copyright). But what is its originality? They have sourced the material from somewhere, as it only has validity as fact if others can relate to it. So for copyright protection we come down to the expression of the fact. How many ways can we say a name comes from ?Japan? and means ?wind chime?? If we purposely add an ?s? to chime, is it now owned by the collector? Perhaps yes, but wouldn?t it be equally true that the collector, by altering the base meaning of a name (so copyright can be claimed) has stepped over an invisible line into the area of publishing fiction? What reliance on their work can be then be claimed? Enough metaphysics! dlh2004 if you intend to source the names from older material perhaps you may care printing the reference page (http://www.behindthename.com/references.html) and asking your local librarian to obtain the noted books. From these, the bibliographies can be consulted and the process repeated. Kind regards, gfmaster |
Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: ipfan-ga on 08 Dec 2004 08:05 PST |
Gfmaster has well articulated what is known in copyright law as the "idea-expression merger doctrine." Where there is only one way to express an idea, the expression of that idea is not subject to copyright protection. So indeed, if there is only one spelling, meaning and origin of a certain name, the physical expression of those facts into a tangible medium is not protectible in copyright. But my point was that an assemblage of otherwise unprotectible facts ~may~ be protected in copyright under the theories expressed in the Feist and MyWebGrocer cases, i.e., even an otherwise uncopyrightable assemblage of facts may merit copyright protection if evidence suggests some creativity was employed in the selection, order or arrangement of the otherwise unprotectible facts. So, with all due respect to gfmaster, the creators of such an assemblage are not "erroneously" claiming copyright. The law is well settled that the creative components of any assemblage of otherwise unprotectible facts, e.g., items subject to idea-expression merger, are still protectible in copyright. Indeed, consider gfmaster's hypothetical--if I did take a name, origin and defintion from another site and was convinced that just those elements alone were not protectible under idea-expression merger and then I added my own fictional account of the origin of the name (say I wrote a short paragraph completely of my own invention describing how the name came about and its meaning), my new paragraph would be subject to copyright protection by me, even if the underlying base elements upon which my fictional paragraph was based are not. Thanks, ipfan |
Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: gfmaster-ga on 08 Dec 2004 19:33 PST |
ipfan, I have read your references and certainly concede the point you are making (where is the line drawn in the sand?). However the only purpose of this forum is to assist our fellows, in reaching specific goals and the introduction of admittedly related but possibly irrelevant material only frustrates that end. Be aware that each and every answer/comment generates an email to ?dlh2004? who may now be firmly of the opinion that using the suggested website infringes on copyright, when it more than likely doesn?t. Can I be certain of this? No it is impossible to be certain of anything. The questioner is at an unknown domicile with laws specific to that location, their applicability complicated further by the medium of intended usage, the Internet. Given that your cautionary point has been made and accepted can you please offer to dlh2004 comments pertinent the original question? Kind regards, gfmaster |
Subject:
Re: Where to find baby names, meanings, and origins to create a database?
From: ipfan-ga on 09 Dec 2004 07:51 PST |
gfmaster: Point taken, thanks. I do not have any public domain baby name sources to recommend, although I did look. Thanks, ipfan |
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