<div class="gmail_quote">On Tue, Aug 10, 2010 at 6:54 AM, Anthony <span dir="ltr"><<a href="mailto:osm@inbox.org">osm@inbox.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
On Tue, Aug 10, 2010 at 7:16 AM, Jaak Laineste <<a href="mailto:jaak.laineste@gmail.com">jaak.laineste@gmail.com</a>> wrote:<br>
> Map is a hand-written 2D picture of the world. It is definitely more a<br>
> kind of art than a digital photo in flickr, there is more subjectivity<br>
> and intelligence etc needed to make it.<br>
><br>
> How can photos be copyrighted? Aren't photos just visual registrations<br>
> of facts? Also there are many artistic paintings, books, movies etc,<br>
> which try to be "purely factual", at least through the eyes of the<br>
> author?<br>
><br>
> I don't really see how someone can even have the idea (or argument)<br>
> that map is just a database of facts.<br>
><br>
> I'd suggest a simple technical test for "is X an art or fact".<br>
> 1. ask two persons to create the X.<br>
> 2. store it to a digital file, and make diff of the files.<br>
><br>
> Only if you can get "no differences" then this was a pure fact. I am<br>
> sure that mapping (like e.g. photography) will fail the test, even<br>
> without trying it out.<br>
<br>
Agreed. That's basically the merger doctrine. Of course, the problem<br>
with that here in the United States is Feist, and especially the lower<br>
court cases which attempted to follow Feist.<br>
<br>
I asked before why isn't OSM copyrightable when maps are<br>
copyrightable. And after some research I think I found the answer.<br>
Under a certain line of reasoning following Feist, maps *aren't*<br>
copyrightable, at least not to any significant extent. See ADC v.<br>
Franklin Maps.<br>
<br>
Which doesn't make a whole lot of sense. Maps are one of the original<br>
works for which copyright was designed. Not sure what's next. Maybe<br>
software. Eventually only abstract art will be copyrighted ;).<br><br></blockquote><div><br></div><div>If you march your way down Wikipedia's list of US copyright case law [0], you'll notice that specific expansion of copyright was made for things like photographs, "applied art", and computer software.</div>
<div><br></div><div>[0] <a href="http://en.wikipedia.org/wiki/List_of_copyright_case_law#United_States">http://en.wikipedia.org/wiki/List_of_copyright_case_law#United_States</a></div></div><br>