[OSM-newbies] Copyright for street names

Prolineserver prolineserver at gmail.com
Sun Jan 6 15:08:20 GMT 2008


Tony Bowden schrieb:
> Harald Kirsch wrote:
>> fake names on google maps are a problem, because if these are not real
>> street names they are likely not in the public domain, but rather
>> copyrighted work of google who made them up.
> 
> A street name is too short to be copyrightable.

I think the copyright is independent from the length of a text. But I
think names of streets are not copyrighted since they don't meet a
minimum threshold of originality ("Schöpfungshöhe") since they are mosly
only formed using a name of a person or even a number etc. And even if
there are names meeting this threshold or containing copyrighted names
("Microsoft avenue") at least according to german law they should be in
PD since § 5 Abs. 1 UrhG
(http://www.gesetze-im-internet.de/urhg/__5.html). But I don't know
about the situation in other countries...

> Furthermore, in jurisdictions where it is not possible to copyright mere 
> facts, but only the presentation or arrangement of them, it does not 
> matter if some of these facts are not true. Copyright does not suddenly 
> apply to a "false fact".

The only thing that can be copyrighted in the European Union is the
database right: even if you collect a lot of uncopyrighted material the
collection itself gains an own threshold of originality
(http://en.wikipedia.org/wiki/Database_right). So if you extract a lot
of information from any database like google maps, microsoft live etc.
then it is possible to run into trouble. But picking up one or two names
 is imho allowed, even if you've choosen a faked one.

regards, pls




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