[Tagging] How to map terrace buildings with names

Niels Elgaard Larsen elgaard at agol.dk
Wed Jul 8 14:35:37 UTC 2020


Matthew Woehlke:
> On 08/07/2020 09.57, Matthew Woehlke wrote:
>> On 07/07/2020 18.04, Paul Allen wrote:
>>> Copyright prevents us using Google Streetview for mapping, but we can use it for
>>> illustrative purposes.
>>
>> Honestly, I would *strongly* question whether that is enforceable in the US (maybe
>> it is in some overprotective European nations?). When I take a picture of
>> something, the *expression* of the scene I capture is subject to copyright, but the
>> *subject matter* is not. (Well, not subject to *my* copyright, anyway; something
>> like a sculpture or building can be copyrighted by the creator thereof.) Neither
>> Google nor anyone else can copyright facts by recording them in a photograph.
> 
> Sorry, but I feel like I need to clarify this further.
> 
> Are the *actual photographs* in Google Street View copyrighted? Yes; in theory there
> was a "creative choice" about where and when to take the photographs. If OSM were to
> reproduce said photographs, or excerpts thereof, that would be a problem.
> 
> Is the *content* of the photographs copyrighted? No, or at least, not by Google,
> except to the extent that content is a result of Google's actions. If the photo has
> not been materially altered (stuff like blurring faces and license plates doesn't
> matter for our purposes, because we wouldn't be "copying" that sort of thing in any
> way), then the *contents* of that photo are exactly as free of copyright claims as if
> someone else had taken a photo at the same time and location and declared it public
> domain.
> 
> Whether or not the *contents* are subject to copyright (most likely *not* Google's,
> unless we're talking about e.g. the Google campus) is a whole other kettle of fish,
> that potentially affects *anyone* going to the site and recording information.
> 
> Disclaimer: this is all US law. If you live in another country, YMMV.

Yes, facts are not copyrightable.

In Europe we unfortunately have the Database Directive
https://en.wikipedia.org/wiki/Database_Directive

Which is probably what Google would use.

They might not win, but OSM should not spend unnecessary time in courts.
Who wants a new SCO vs IBM/(Linux)?


https://help.openstreetmap.org/questions/710/can-i-use-google-streetview-to-help-create-maps

==
The question has been closed for the following reason "The question has turned into a
debate, which would be better suited for the legal-talk@ mailing list. OSM's position
on sources is to be whiter-than-white, and not to use any third-party sources for
which we do not have explicit permission. Please direct any further follow-ups to
legal-talk at . Thanks --Richard" by Richard 31 May '12, 17:15
==


I have been adding speed limits to Danish highways. Something that would probably be
a lot easier with Google Street View. But I use Mapillary, OSC, and sometimes my own
surveys.

-- 
Niels Elgaard Larsen



More information about the Tagging mailing list