Margaret L. Clarke, Editor Box 65, Mirror, Alberta email: mclarke@ccinet.ab.ca
With the tremendous increase in research into Metis family histories and genealogies, it is perhaps not surprising that problems have arisen over research methods. Some problems are expected with newcomers to the field, who do not yet understand the rules such as "Always include a Self-Addressed Stamped Envelope [S.A.S.E.] with a request for information." and "Be prepared to exchange information with other private researchers who assist you." Other, more serious problems appear to arise for two reasons: (1) lack of access to archives because of distance, and (2) lack of information on proper procedures among "hobby" genealogists or those researching their family for legal reasons.
It appears that a major dispute is brewing between professional genealogy researchers and researchers coming out of the "hobby" class who have accumulated serious databases on Metis families. The former (professional researchers) work as much as possible with primary sources, original documents, etc. The latter ("hobby" researchers) do not mind working with secondary sources, extracts of information from elsewhere, local histories, etc. At times, this is due to lack of access. At other times, it may indicate a lack of seriousness, or a trust in another researcher. The major dispute is over the publication and use of databases created by non-professional researchers, that is researchers without professional certification as genealogists.
Let's back up for a moment and look at some definitions of classification of data. The following is drawn from a posting on the Calgary Freenet under Genealogical Resources and associated with the Alberta Family Histories Society, written by Brian W. Hutchison, Esq.., and adapted for Calgary FreeNet by Gordon Lane. It is part of a 25 page article titled "Tracing Your Family Tree" which is rich with procedural information on doing genealogy. First, they define genealogy as "a collection of relating names, dates & places and provides the framework for a Family History compilation," and a Family History as containing "not only a genealogical collection but a textual story and history of individuals and the events that shaped their lives. The profession of genealogy recognizes equally the different audiences these two directions reach." (p.1) Halfway through their procedural information, there appears a section titled "3. Categorization of Data Types." which I quote:
Genealogists categorize data in three (3) different classifications and you should document how you would classify your finding upon review of the material because, without question, you will refer back to it at some later date and may want to know just how "sure" you were of the "goldmine of information" you found. (0) - Sources where speculation and/or supposition hold the reliability of the data in question. For example, if we know that Uncle Harry was born in 1924, but we don't know any other information, siblings of his, or his parents birth dates, we might speculate that his parents were born in about 1900. But that's all this is, insubstantiative speculation and should be treated as such with great care!; (1) - Secondary Sources are those which provide data that has been copied from other sources and/or at a date later than the occurrence of the event itself (eg. birth dates found on a marriage or death certificate). Secondary sources of information, such as local histories, can be a tremendous guide for you but beware that articles in them are often biased depending on the writer; and (2)&(3) - Primary Sources are those which provide data from original documents and/or entires made at the time of the event (eg. entries made in a family Bible at the time of the event). These are usually the most reliable, but even with them, keep an open mind!!
Don't be afraid to change your classification of the material later on if you find it necessary. You may find later in your research that the information on the birth certificate for Uncle Harry, for example, wasn't as reliable as first thought!!" (p.10)
Based on that set of definitions, it is easy to decide that some records we work with in native and metis history were created as secondary sources. For example, scrip applications which give the names and birth dates, etc. of grandparents without other sources, are created secondary sources. However, because of problems implicit in the process of searching for information from a time before written records were kept, or from a non-literate society, scrip or treaty applications may be your best information, especially when dealing with the requirements of the formal legal literate society.
The problems arise when one attempts to decide how to classify information from, for instance, the Denney Papers. The definitions require that we define them as Secondary Sources because they are copied from other Primary documents. However, because he gave full citations on his sources, in the form of index cards which are searchable either on microfilm in the Glenbow Archives, or in photocopies in binders in the Edmonton Branch Library of the Alberta Genealogical Society, it is possible to go back to the original sources. It is up to each researcher to decide whether, for his or her purposes, that step is necessary.
Now, when someone then puts that information into a database, without checking the primary sources, what does it become? Is it therefore more reliable because it has been published? It is still, a Secondary Source, and even more so, because the reader must trust the researcher to have copied the information correctly, and that researcher is trusting that the original researcher copied the information correctly.
But such databases, and the Denney Papers are not the only ones (lthough they may be the largest), will contine to be heavily used because of ease of access. Because Mr. Denney compiled family information from such a broad base of archival records, and because it is pre-assembled into family groups, it is easy to use. Because it is all available in one place, or rather two places, it can reduce genealogy into one-stop researching if you are lucky.
The questions the professional researchers are asking are not about the reliability of such databases, although they probably would not rely on them, but rather use them as leads to follow. Their questions are about the ethics of copying someone else's research and then publishing it for profit. As John Dulong put it:
If [the creator of the published database] has, as you suggest in this email and the next, taken large parts of other's works, then she is indeed looking for trouble. If she abstracts records from a parish where the records are on public deposit, then it is not a problem as long as she properly sites her source. For example, if she abstracted information about a parish from a Family History microfilm copy, then I would say she is safe. However, if she were to abstract a large number of original parish records from an archives with restrictions, then she is going to hurt herself and other genealogists. The archivist might not be a free in granting access to other genealogists. For example, in the Archdiocese of Detroit, if you want to abstract and publish parish records, then you need the permission of the archdiocese. . . . I recall a few years ago that there was a discussion that genealogical publications were could not be copyrighted. The idea was that the publication of a list of abstracted data, like a marriage repertory, was not unique since it was based on public information, or at least relatively public information. I recall that there was a hot discussion on this. Most people pointed out that a well done genealogical work does not just have a list of facts, but the facts are transcribed, sometimes translated, organized, interpreted, etc. In other words, value is added. If [the researcher] is copy[ing] the work of other genealogists who have put a lot of effort in their work, then she has damaged them.
John P. DuLong, Ph.D.
Acadian and French Canadian Genealogy
959 Oxford Road
Berkley, Michigan 48072-2011
(810) 541-2894
Web Page: http://wwnet.com/~dulongj/
The Newsletter has officially moved its publishing address. We can now be found at 4611 50th Avenue, Mirror, Alberta.
P.O. Box 65, Mirror, Alberta T0B 3C0.
Email: mclarke@ccinet.ab.ca.
Publishes bi-monthly. $15 or the submission of an article for publication for a year subscription. $2 for a sample copy.
Purpose: To provide an interface between the history and genealogy of the fur trade, to provide a forum for the publication of research and oral histories, and to encourage the discussion of more theoretic issues from both genres.
History: The first issue was published in September of 1993. The readership has shown a slow, steady growth, and includes three out of four of the top researchers in fur trade genealogy, as well as several Canadian historians. The contents have ranged from family stories to descriptions of genealogical collections and articles on issues of Metis identity.
There is a section of Canadian law which deals with issues of fair copying practices. I have reproduced the pertinent sections below:
Copyright Act
Chapter C-42
An Act respecting copyright
This Act may be cited as the Copyright Act.
[R.S., c.C-30, s.1.]
INFRINGEMENT OF COPYRIGHT
Infringement of copyright
27. (1)
Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything that, by this Act, only the owner of the copyright has the right to do.
Acts not constituting infringement of copyright
(2) The following acts do not constitute an infringement of copyright:
(a) any fair dealing with any work for the purposes of private study or research;
(a.1) any fair dealing with any work for the purposes of criticism, review or newspaper summary, if
(i) the source, and
(ii) the author's name, if given in the source, are mentioned;
(d) the publication in a collection, mainly composed of non-copyright matter, intended for the use of schools, and so described in the title and in any advertisements issued by the publisher, of short passages from published literary works not themselves published for the use of schools in which copyright subsists, if not more than two of the passages from works by the same author are published by the same publisher within five years, and the source from which the passages are taken is acknowledged;
(h) the reproduction of a manuscript, original document, archive, photographic positive or negative, cinematograph film or sound recording for deposit in an institution pursuant to a direction under section 14 of the Cultural Property Export and Import Act;
(k) the making of a copy of a recording, as defined in section 8 of the National Archives of Canada Act, for the purposes of that section;
Further exceptions
Infringement by personal action
(4) Copyright in a work shall be deemed to be infringed by any person who
(a) sells or lets for hire, or by way of trade exposes or offers for sale or hire,
(b) distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright,
(c) by way of trade exhibits in public, or
(d) imports for sale or hire into Canada, any work that to the knowledge of that person infringes copyright or would infringe copyright if it had been made within Canada.
Report in newspaper of political speech no infringement
28. Notwithstanding anything in this Act, it shall not be an infringement of copyright in an address of a political nature delivered at a public meeting to publish a report thereof in a newspaper.
[R.S., c.C-30, s.18.]
Imitation is the beginning of learning.
Analysis is the warfare of learning.
Dialogue is the reason for learning.
Teaching is the fulfillment of learning.
Repetition's purpose in all of the above is Mastery of skill.
Ray Evans Harrell, librarian of the Nuyagi Keetoowah Society(Cherokee Scholars Society) in New York City.
mcore@soho.ios.com