Matthew Woehlke: > On 08/07/2020 09.57, Matthew Woehlke wrote: >> On 07/07/2020 18.04, Paul Allen wrote: >>> Copyright prevents us using Google Streetview for mapping, but we can use >>> it for >>> illustrative purposes. >> >> Honestly, I would *strongly* question whether that is enforceable in the US >> (maybe >> it is in some overprotective European nations?). When I take a picture of >> something, the *expression* of the scene I capture is subject to copyright, >> but the >> *subject matter* is not. (Well, not subject to *my* copyright, anyway; >> something >> like a sculpture or building can be copyrighted by the creator thereof.) >> Neither >> Google nor anyone else can copyright facts by recording them in a photograph. > > Sorry, but I feel like I need to clarify this further. > > Are the *actual photographs* in Google Street View copyrighted? Yes; in > theory there > was a "creative choice" about where and when to take the photographs. If OSM > were to > reproduce said photographs, or excerpts thereof, that would be a problem. > > Is the *content* of the photographs copyrighted? No, or at least, not by > Google, > except to the extent that content is a result of Google's actions. If the > photo has > not been materially altered (stuff like blurring faces and license plates > doesn't > matter for our purposes, because we wouldn't be "copying" that sort of thing > in any > way), then the *contents* of that photo are exactly as free of copyright > claims as if > someone else had taken a photo at the same time and location and declared it > public > domain. > > Whether or not the *contents* are subject to copyright (most likely *not* > Google's, > unless we're talking about e.g. the Google campus) is a whole other kettle of > fish, > that potentially affects *anyone* going to the site and recording information. > > Disclaimer: this is all US law. If you live in another country, YMMV.
Yes, facts are not copyrightable. In Europe we unfortunately have the Database Directive https://en.wikipedia.org/wiki/Database_Directive Which is probably what Google would use. They might not win, but OSM should not spend unnecessary time in courts. Who wants a new SCO vs IBM/(Linux)? https://help.openstreetmap.org/questions/710/can-i-use-google-streetview-to-help-create-maps == The question has been closed for the following reason "The question has turned into a debate, which would be better suited for the legal-talk@ mailing list. OSM's position on sources is to be whiter-than-white, and not to use any third-party sources for which we do not have explicit permission. Please direct any further follow-ups to legal-talk@. Thanks --Richard" by Richard 31 May '12, 17:15 == I have been adding speed limits to Danish highways. Something that would probably be a lot easier with Google Street View. But I use Mapillary, OSC, and sometimes my own surveys. -- Niels Elgaard Larsen _______________________________________________ Tagging mailing list Tagging@openstreetmap.org https://lists.openstreetmap.org/listinfo/tagging
