[Osmf-talk] [OSM-talk] Attribution guideline status update

[Kathleen Lu]

On Thu, Oct 31, 2019 at 11:09 AM Christoph Hormann <chris_hormann at gmx.de>
wrote:

> On Thursday 31 October 2019, Kathleen Lu via talk wrote:
> > I concur with KaiRo that screenshots are likely fair uses under US
> > law (and IAAL).
>
> That is quite definitely not the case - and as someone claiming
> professional expertise on the matter you should know that.  One thing
> that you can universally find in any competent discussion of the fair
> use principle by experts as well as the legal code itself
> (https://www.law.cornell.edu/uscode/text/17/107, in particular "purpose
> and character of the use") is that its applicability *always* requires
> a look at the specific circumstances of the individual use case.  A
> blanket declarations that screenshots are universally fair use is
> therefore quite definitely wrong.
>
> This is why I said *likely* and not *universally* or *always*. Please
don't put words in my mouth and then declare adamantly that the thing I did
not say is wrong. I will also note that, whether you meant it or not, your
comment comes off as an insult that I am not competent. I would ask that
you keep the discussion polite.


> Interestingly the current draft for the attribution guideline by the LWG
> explicitly states in the section on "Tv, film or video productions"
> that maps visible on screens in videos/films (which are literally
> screenshots) require attribution - independent of the specific
> circumstances of the case.
>

We specifically noted that for incidental footage of a third party map, the
producers of the video/films did not need to do anything additional. We did
this because we thought that incidental footage was probably fair use. If
that was not clear enough in the draft, then I will note that as feedback
to make it clearer in the next draft.

>
> If i'd take your above claim seriously that would by the way also mean
> that pirated movies created by filming the screen in a cinema with a
> video camera are fair use in the US.  I guess a number of Hollywood
> companies would beg to differ...
>

There is a big difference between one frame and the full length of a movie.
That is why the amount copied is a factor in fair use analysis.

>
> Needless to say (and you know that perfectly well of course) that
> corporations with international business relations will never claim
> fair use as a basis of their business practice because fair use is a US
> specific thing and is not covered by international conventions on
> copyright so this would open the door for all kinds of legal risks
> outside the US.
>

Fair use is a US-specific thing, but we were discussing US law, so this
seems like a change of subject. And just because a company can state that a
use is a fair use in the US does not mean that company cannot state that a
use is not infringing in other jurisdictions due to other reasons.
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