[talk-au] [OSM-legal-talk] Bing

Grant Slater openstreetmap at firefishy.com
Mon Jul 11 12:18:00 BST 2011


On 11 July 2011 11:30, Andrew Harvey <andrew.harvey4 at gmail.com> wrote:
> On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater
> <openstreetmap at firefishy.com> wrote:
>>
>> The traced data is a new work and therefore untainted by the Bing
>> license. (NearMap doesn't see using aerial imagery this way.)
>> The license is also a specific terms of use grant to OSM with the
>> condition the derived data is uploaded to OSM.
>
> I can see that the assumption of "tracing aerial photography to create
> a vector representation of the data is creating an entirely new work"
> is potentially problematic. I'm not a lawyer, but I would think that
> you would want the copyright holder to state that they disclaim any
> copyright on such traced data just to be sure. Just take a look at
> this case as an example
> http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster#Origin_and_copyright_issues
>

Richard Fairhurst wrote a good piece on the legals around aerial
imagery in 2009....
"Aerial photography, cock fighting and vodka bottles" -
http://www.systemed.net/blog/legacy/100.html

/ Grant



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