Richard Fairhurst wrote:

As Chris says, the case law (that we know of) says that tracing is not derivative, so this doesn't arise.

See Bauman v Fussell, Antiquesportfolio v Fitch, and Ets-Hokin v Skyy Spirits. (I've blogged at tedious length about this.) A good summary from Christina Michalos's 'The Law of Photography and Digital Images':
Very well, I was misguided by TeleAtlas legal battering on tracing their imagery.

Christopher Schmidt wrote:
If we make this statement clear when people are uploading data, that would essentially be informing people ahead of time "If you disagree with this legal interpretation, OAM probably isn't for you; scoot"; by doing so, hopefully we would prevent people who feel differently from uploading their
imagery (and then suing tracers later).
I'm also in favour of this approach

Steven



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