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

[Dan S]

2018-01-16 10:13 GMT+00:00 Martin Koppenhoefer <dieterdreist at gmail.com>:
>
>
> 2018-01-16 10:35 GMT+01:00 Dan S <danstowell+osm at gmail.com>:
>>
>>
>> I believe "creativity" is part of the criteria for copyright in the
>> USA, but not in the EU (certainly not here in the UK), and so
>> creativity is not an issue - there is at least one jurisdiction
>> significant for OSM in which you don't need to assert any "creativity"
>> in your aerials
>
>
>
> for reference:
> https://www.gov.uk/copyright
>
> According to this link,
>
> You automatically get copyright protection when you create:
>
> original literary, dramatic, musical and artistic work, including
> illustration and photography
> original non-literary written work, such as software, web content and
> databases
> sound and music recordings
> film and television recordings
> broadcasts
> the layout of published editions of written, dramatic and musical works
>
>
> 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).

Thanks Martin - it seems my belief may have been wrong - at least, I
didn't realise it might be ambiguous whether UK copyright might apply
to aerial imagery. I agree with Jaak that it seems a provider could
make many arguments in court that they're covered as artistic works.
Anyway, I'm sure the LWG and others have discussed these things
extensively, so I won't bang on. But thanks for your clarification -

Cheers
Dan