[Osmf-talk] OSM and open data global aerial/sat images

[Jaak Laineste]

> I don't see aerial imagery falling into any of these (but as this is just a summary, it might be included nonetheless), as it is neither
> - an original literary, dramatic, musical or artistic work
> 
> - a written work or any of the following.
> 
> 
> There is "photography" in the first point, but referring to "artistic work". Unlike classical cartography, where there are lots of decisions involved to create the map, in aerial imagery there is almost none, so the only probable reason why these could be copyright protected is by definition (likely, to protect the investment of people making these products).
> 

I agree that the copyright here (and I believe also for other cases) is primarily crafted to protect the investment. The artistic/creativity part of this is just one measure how to find out whether there is right to get compensated for the investment; what is invested can vary: time, talent, “sweat”, or just money to buy equipment; but if it was done then there should be way to get it back, otherwise investments are not done.

I don’t agree that the aerial imagery is something what just a mechanical copy of object. I have not done it myself, but have many friends who do it and it involves a lot creative decisions - planning (when and where to map to get best results, preparation of ground control points), which equipment parameters to be used (focus, resolution, lightning etc), flight path and elevation, then there is post processing which has both standard components and creativity to make up nice seamless image. Only thing you cannot manipulate directly (compared to e.g. wedding photography) is your ‘object’. You can say that aerial image is  nothing more or less than a very special method of taking a nature photo of the earth, just from a special angle and with special parameters. It is original photography, artistic work. 

The brief gov.uk <http://gov.uk/> page does not specify who could be “you” there, is specific name of the artist needed to qualify or could it be bigger company. In the case of aerials the group of personal creators needed is so big that they cannot be attributed by name (good for us!), but does it disqualify them then?

Jaak
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