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Pennsylvania's Digitized History Records Ownership Disputed
Court to decide if public or Ancestry.com controls access to millions of state's historical documents.
Feb. 18, 2026 at 9:07pm
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A long-running dispute over who owns digital copies of millions of Pennsylvania's historical records has landed in the state's Commonwealth Court. The case pits a New York-based genealogist against the Pennsylvania Historical and Museum Commission (PHMC) and Ancestry.com, the online genealogy giant that digitized the records under a 2008 agreement with the state agency. The ruling could determine whether those digitized records belong to the public or are under the control of the private company.
Why it matters
This case raises important questions about public access to government records in the digital age. If Ancestry.com is allowed to maintain control over the digitized historical documents, it could limit the public's ability to freely access and use this important part of Pennsylvania's history. The outcome could set a precedent for how other states handle the digitization of their historical archives.
The details
In 2022, genealogist Alec Ferretti of the nonprofit Reclaim the Records submitted a public records request to PHMC seeking all the records the agency had provided to Ancestry.com as part of their 2008 digitization agreement. PHMC denied the request, saying it didn't have any responsive records. Ferretti appealed, arguing the state agency was required to obtain the records from Ancestry under Pennsylvania's Right-to-Know Law. Ancestry intervened, contending its digitization work was proprietary and it owned the digital records.
- In 2008, PHMC entered an agreement with Ancestry.com to digitize historical records.
- In 2022, genealogist Alec Ferretti submitted a public records request to PHMC for the digitized records.
- On February 17, 2026, the Pennsylvania Commonwealth Court heard oral arguments in the case.
The players
Alec Ferretti
A director at Reclaim the Records, a nonprofit that advocates for governments to make genealogical documents more accessible.
Pennsylvania Historical and Museum Commission (PHMC)
The state agency responsible for collecting, conserving, and safeguarding Pennsylvania's historical records and objects.
Ancestry.com
An online genealogy company that digitized millions of Pennsylvania's historical records under a 2008 agreement with PHMC.
What they’re saying
“We just love Right-to-Know Law, so this is great.”
— Renée Cohn Jubelirer, President Judge, Pennsylvania Commonwealth Court
What’s next
The Pennsylvania Commonwealth Court is expected to issue a ruling in the case, which could then be appealed to the state's Supreme Court.
The takeaway
This case highlights the tension between public access to government records and the proprietary interests of private companies that digitize those records. The outcome could set an important precedent for how states balance these competing interests in the digital age.
