Reference Centre, LDS Resources
FAQs about the I.G.I. - The Answers
LDS films can be permanently restricted for any number of reasons but in the case of the Dartford film I would think that that restriction was placed by the author of the record. Even though a particular record may be deposited at the county record office, the original creator of the record still retains copyright for a legislated period of time. When the LDS go to film a particular group of records they must obtain
1. written permission to film the record; and,
2. written permission to copy and circulate that same record
from the original creator thereof. In the case of English church registers the owner is generally the Diocese or the appropriate Bishopric.
In many instances, for the sake of record preservation, record owners will grant the LDS permission to film but not necessarily permission to copy and circulate a particular record. Accordingly, you will find some films and microfiche available for consultation at the Family History Library in Salt Lake City, but not available for distribution to a Family History Centre.
For example, restrictions have been placed on the Catholic church registers of Germany. Those can be copied and circulated to any place in the world - except Germany. There are also a number of Australian immigration records that cannot be circulated to Australia.
Some of the reasons for restricting circulation are:
A. the record owner's previous agreements with other institutions or groups whereby copyright privileges may have been granted to that other entity for reproduction and sale of the information;
B. reasons of maintaining privacy or confidentiality, within their own defined parameters, of any living person named therein; and/or,
C. legislation currently in place that prohibits the release of information of individuals within a certain period of years following a specified event. In Canada we have this last problem. The LDS has a copy of our own Ontario civil registration index well into the 'closed' period but no one, under any circumstances, is permitted access to it due to the legislated privacy period.
In summary, the permission to copy and circulate a film rests with the original creator of the record. However, just out of curiosity, I searched the LDS catalogue for the Dartford register and I found an answer that will slice straight to the heart of the matter. I bet that the register you are interested in is this one:
The parish registers of Dartford, Kent, 1561-1812 . FHL BRITISH Library Attendants' Window microfiche #6341224
If it is, notice who the record creator is:
Canterbury, Kent : Kent Family History Society, c1985
Physical 17 microfiches.
Edition Microfiche ed
ISBN/ISSN 03089037
In nearly all cases of publications of the Kent Family History Society, the Society did not grant permission to Salt Lake to copy and circulate their records. This is a very frustrating and aggravating circumstance. In all fairness to the society, however, I have to state that I do not know what assurances and agreements it had to undertake with the original record creator in order to produce the publication. But I do know that what comes across is a perception that the Kent Family History Society wants to assure itself that it will receive the full profit from its' publication of the record and not have its' profit sapped in any measure by free copying and distribution through the Family History Department at Salt Lake. Try writing to the Kent Family History Society to see if the publication is still in production - here's a link to its' web site. The site will open in a new window.
I hope I have answered your question.
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