[Tagging] tagging awards and ratings

Frederik Ramm frederik at remote.org
Fri Jul 27 08:37:23 BST 2012


On 07/27/2012 02:02 AM, Michael Kugelmann wrote:
>> At least in Germany, a photographer may not photograph anything in
>> public view and claim ownership; it is possible that photographing
>> e.g. a work of art and then using that photo requires consent from the
>> rights holder even though the object was in public view.

> Are you sure for Germany? I would disagree with your statement due to
> the so called Panoramafreiheit

Slightly off-topic here now but I was alluding to the fact that the rule 
you mention is only for permanent installations, so if you photograph a 
work of art of temporary nature, even if "temporary" = "a few years", 
you'll usually not be allowed to use the photo.

Trying to get back to the topic here, if a hotel displayed its Michelin 
rating at the entrance then:

* you are of course allowed to take a photo;
* if you want to use that photo in any way, then it depends on whether 
or not the Michelin rating display was done in a way creative enough to 
attract copyright;
** if it is not creative enough then you can do what you want;
** if it is creative enough then you require the copyright holder's 
permission to distribute or otherwise use the photo

But of course we weren't talking about the photo per se, but about the 
question whether you could put the rating in the OSM database, and I 
believe that even if the Michelin rating is displayed in a way so artful 
that it attracts copyright, the *fact* that the hotel has a certain 
rating will not be copyrightable.

Of course, if you lift the info from a restaurant guide then, in Europe, 
you're up against database law which protects the collection of all 
ratings rather than the individual rating.


Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"

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