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Reminder: All signed forms are to be mailed to: Joyce Field, 625 Avondale Street, West Lafayette, IN 47906-1101.
The objective of the JewishGen Yizkor Book Project is to help make the material in the memorial books (yizkor books) of destroyed Jewish communities available to the world. One of our goals is to collect English translations of these yizkor books and to publish the translations on the JewishGen Yizkor Book web site.
You can join us in this mission by donating translations of yizkor material to be placed on our web site or by donating money to help fund new translations. The donation procedures are explained below, an overview of the liability issues followed by a FAQ ("Frequently Asked Questions") section. On a separate page is a step-by-step discussion on "How to set up a translation project." Finally, on separate pages are the required forms, which may be printed out and returned. Please contact the Translations Manager, Joyce Field, at any time if you have any questions about how to proceed.
Joyce Field
Project Manager
Below is an outline of the types of material we will publish on the Yizkor Book web site, the role of the Coordinator, and the methods for funding translations.
Many persons have already translated or had translated by others significant portions of a yizkor book--or even the entire book. We encourage them to donate the translation to JewishGen to be published on the Yizkor Book web site. The process can be summarized as follows:
To donate already published material, contact the Translations Manager of your intent. We will need to start the process of obtaining copyright permission immediately. Once we have copyright clearance, you will be asked to to submit to us
1) the translation in an electronic medium and
2) two copies with original signatures of the Donor Agreement, in which you give us permission to use your translation.
Some persons wish to donate sections of yizkor books which were originally published in English. Since many of these books are difficult to find, publishing such materials on the web and making them accessible to researchers is also important. However, unless your submission is made in an electronic format, we cannot at this time give such projects a high priority. Until high-speed and modestly-priced scanners become available to us, we do not have the volunteers now to do scanning. In addition, optical character reader (OCR) software is far from perfect, so all OCR-produced files need to be carefully proofread against the original text. We have the ability and resources to scan only a few pages at a time; any longer submission cannot be handled.
Please contact our Translation Manager before submitting the material. If it is in electronic format, we will check copyright clearance before publishing it on the Web. Once we have copyright clearance, you will be asked to to submit to us
1) the original English-language material in an electronic medium and
2) two copies with original signatures of the Donor Agreement.
The majority of submissions will fall into this category as most yizkor books were written in Yiddish and/or Hebrew and thus will need to be translated into English to make them accessible to genealogical researchers who cannot read them in the original languages. A Coordinator will be needed for each yizkor book translation.
In order to proceed with a particular translation, it is efficient to have one person acting as the Coordinator of the group funding the translation. Briefly, the role of the Coordinator is to:
There are two models for funding new translation projects, each with its own advantages. The choice is up to the persons organizing each project. Under Method 1, since the money is donated directly to JewishGen, the tax deductibility of the contribution is clear and the Coordinator is relieved of some fiscal and administrative responsibilities. Under Method 2, the group retains the ownership of the translation.
Web server providers, as well as other interested individuals, have been stymied for years, reluctant to publish yizkor book translations, or any other previously published material, for fear of expensive lawsuits related to copyright issues. Obviously, our objectives are consistent with those of the original publishers of these books: i.e., to keep alive the memories of our vanished Jewish communities. However, this does not change the possibility within our litigious society for someone to challenge JewishGen's right to publish this material on the Web. Following is a layperson's summary of the legal issues involved.
The original authors, publisher and/or editor(s) may retain a legal copyright for the original material. The staff at JewishGen, Inc.'s Yizkor Book Project has a set of procedures that they will follow, some with your assistance and cooperation, in order to address this issue.
In a nutshell, our policies and procedures include a requirement that JewishGen, Inc. will post a notice on the Web site notifying readers that the copyright may be retained by someone else, so that visitors to the site are aware that the material may not be copied in violation of appliable copyright law, which is generally interpreted to mean for any purpose other than one's own private use. Most importantly, our policies include many steps to try to locate the original copyright holder(s) to obtain certain documentation from them to publish the material, as described in the FAQ below. If you have any leads as to how or where to contact the people who originally created the book, we would appreciate your providing these to us. If not, we have other resources to suggest for checking. You will need to work together with our Project's staff to complete this important step. Please keep in mind that our resources (human and financial) are limited, but we can help significantly to guide you through the process.
We can immediately publish translations of Structural Elements (tables of contents, indices, name lists, and picture captions) even before we have completed the permission process. Also, while you are working to complete a large translation project, we can go ahead and publish these Structural Elements immediately. Please start now by sending in your material with the appropriate agreement, so that we place the Structural Elements on the Web without delay. These forms should be accompanied by a diskette of your translation or the material can be electronically transmitted to our Translation Manager .
It is possible to copyright a translation of a work separately
from the copyright of the original document in its original
language. The Donor Agreement states that the person donating the
translation to us is entitled to donate that material. When a
translation is created, it is technically a new body of work and
it is possible that someone could claim that they own the rights
to the translation, even though they may not be able to do much
with that new material without getting permission from the owner
of the original material. The copyright to the original material,
which is in some sense included in the translation, is still
owned by the original copyright holder, which is why the Project
has a lengthy procedure to go through before we can publish more
than the Structural Elements on the web, regardless of the Donor
Agreement.
1. Is someone going to make a profit from my donation?
No; JewishGen, Inc. is a not-for-profit public service organization, and as such it is governed by the restrictions of Section 501(c)(3) of the United States Internal Revenue code. Therefore, no individual will profit from any activity of JewishGen, Inc. and all of JewishGen's activities must further its non-profit educational goals.
2. Am I responsible for getting permission from the copyright holder of the original material?
The Yizkor Book Translations Manager will work with you through the process. In order to get started, it's important that you provide us with information of any person to contact who was initially involved with the publication of the original book, and help us to obtain permission for JewishGen, Inc. to use the material. The packet of information on the Yizkor Book Project contains a sample Permissions Letter to be sent to the copyright holder.
Remember that this is a collaborative effort. The Project simply lacks the resources to do this totally on our own. It is our policy that JewishGen will not post the material on the Web until appropriate steps have been completed.
3. Does my donation to JewishGen prevent me from being able to publish the same material myself or through other means? Am I giving up something by signing the "Donor Agreement"?
1) If you finance the translation directly, on your own or along with others, or if you have translated the yizkor material on your own, then the Agreement states that the donation is on a "NON-EXCLUSIVE IRREVOCABLE PERPETUAL basis." This means that you retain all rights that you now have to use the material in any way that you see fit at any time. The Agreement only gives JewishGen, Inc. the right to use it, too. Both you and JewishGen can use the material, even simultaneously. Your donation in a non-exclusive irrevocable perpetual basis is in lieu of monetary payment for the work required on the part of JewishGen to insure that your translation is freely accessible to all researchers desiring access. Presumably you have already invested considerable time and/or money into obtaining or preparing the translation and/or a transliteration. Either you wish to keep this work to yourself or you wish to share it. If you wish to share it, JewishGen will help at no additional cost to you.
2) If, however, the funds to pay for the translation are donated directly to JewishGen for this purpose and are disbursed by JewishGen, then JewishGen owns the EXCLUSIVE right to this material.
4. What if we never find the original copyright holder of the book, say if they are deceased or otherwise not found?
JewishGen, Inc. has approved procedures which we believe constitute a valid concerted effort to locate these entities. JewishGen has agreed to host the translations on its web site as long as our procedures have been followed and documented. Again, the process is a collaborative one, between yourself and the Yizkor Book Project's staff.
5. Why does the "Donor Agreement" talk about more than just publishing the data on the internet? Why does it include the words "in any manner desired"?
We have a vision of sharing the yizkor book material so that large numbers of people can benefit from their cultural heritage. We are not the only ones with this vision. From time to time, other organizations or individuals may surface who share our goals. By way of example only, another not-for-profit organization may express an interest in working together with the Project to help make the material available to even more people in additional forms, not just on the Internet. For example, wouldn't it be wonderful if the yizkor material were available both on the internet and also via other methods to share with family members who don't have computers, perhaps even in conjunction with the original text?
We are asking for permission to exercise our discretion to use the material for purposes that JewishGen determines are worthy. Technology is changing rapidly. JewishGen intends to supply its users with information at the cutting edge of technology. If we limit JewishGen's ability to publish the material, a new technology may arise that would require JewishGen to return to each person who granted publishing rights so that publication in the new medium could occur. As you can imagine, that would be a monumental task not only from attempting to contact people who have moved or died but from an organizational standpoint. That could result in information being unavailable in the future. With that in mind, if you continue to feel strongly about limiting JewishGen's ability to publish the material, we can modify the agreement to specifically identify the media in which the material may be published.
6. Can't I make some money if I don't allow JewishGen to use my translation?
Good luck. With rare exceptions, book publishers have been unwilling to invest the money that it takes to publish reprints of yizkor books, either in translation or in their original form. If your town of interest is a large one, or is historically significant to a large number of people, you might be able to convince a publisher to print the book, most likely with some large financial investment of your own. Even in such a case, many publishers feel that the likelihood of reaching profits is slim. If you want to, you may wish to pursue this possibility first, and then come back to us later if you decide not to publish it in book form.
Meanwhile, you might wish to donate merely the translation of the Structural Elements (the table of contents, index, names lists, photo captions). If you did eventually publish the entire translated book in print, the Web posting of the Structural Elements could boost your sales. You could ask the Project to post a hyperlink on the translation site to refer readers to where they could buy a copy of the printed book, from you or from your publisher. In any case, many of us feel that this type of material should not be used commercially, out of respect for the precious lives honored in these books. The goals and plans of JewishGen and the Project do not include any profit-making activities whatsoever. Our plan is merely to make the information available to the public.
7. What if I find out how to get a book published later?
8. Does the "Donor Agreement" mean that I am liable for something?
If you translated and/or transliterated the material yourself, the answer is no. The Agreement just means that you are allowing JewishGen to use it. If you obtained the translation from someone else we do need to be sure that the translator is not going to object to your allowing JewishGen to publish it. You can protect yourself by asking your translator to sign a WORK FOR HIRE AGREEMENT. A sample form for your use appears in the section on forms. Or if you have used a different form, please just send us a copy for our files.
In certain situations, the translation was obtained many years ago, and the translator may no longer be living, or may not be locatable. Or, in some cases, the translator's name may not even be mentioned in the translation. In those special circumstances (only) where it is not practicable for you to have a Work for Hire Agreement signed, we do need you to certify in the Donor Agreement that you will be responsible if the translator who did the work ever tries to sue JewishGen. JewishGen, Inc., as a nonprofit organization, simply cannot afford the costs of defending itself against lawsuits. If your translator suddenly sues JewishGen for publishing the material, the costs of defending such a suit could effectively cripple or destroy the organization. You should be sure that your understanding with your translator is clear. Maybe you think you own a translation that you paid for, but the translator may also believe that he/she owns it. Why not play it safe and ask your translator to sign a Work for Hire Agreement.
9. What does "Work for Hire" mean?
It is a legal term meaning that you hired the translator to do the work of translating and that the resulting translated material is your own. Absent such a contract, a translator could claim that there was an understanding between you and him/her that the translator owned the translation. This contract, like all contracts, is intended just to document your actual understanding, for the record.
10. Are you asking me to be responsible for any potential lawsuit from the original copyright holder of the book?
No. We are only asking you to be responsible for the English translation and/or transliteration that you're providing. The Yizkor Book Project and the donor will work together to determine whether we need to obtain copyright permission for the original book, and, if so, we will make sure we have followed all appropriate steps.
11. Will I get a U.S. income tax deduction for this donation?
JewishGen, Inc. is a 501(c)(3) not-for-profit organization. You will receive a receipt for the donation of the material to JewishGen. Your donation is tax deductible to the extent allowed by law. Please consult your tax advisor.
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Updated 21 Feb 2006 by LA