[OSM-talk-be] map copyrights?

[Luc Van den Troost]

According to the 1994 law

http://www.juridat.be/cgi_loi/loi_a.pl?language=nl&caller=list&cn=1994063035&la=n&fromtab=wet&sql=dt='wet'&tri=dd+as+rank&rech=1&numero=1

'auteursrecht' (copyright) lasts till 70 years after the death of the
'autor' or if it is an anonymous work, 70 years after the first
publishing. 

Unless i am wrong, and there is a more recent law changing this, 1958 -
even in case of an anonymous work - isn't old enough. 

A strange situation with maps in my posession:

An 1883 map of Antwerpen: 'redigée et imprimée par les soins du
capitaine De Cock; levée et nivelée en 1863...; revue en 1879 par le
lieutenant Denacker'
This map, published in 1883, is not 'anonymous' so copyright on it might
exist till Denacker and/or De Cock are death for over 70 years. 

A 1935 map of Turnhout, 'revue de la planimetrie en 1928; imprimerie
lithographique de l'institut geographique militaire, 1935'
should lose copyright on it 70 years after it's first publication, so
since 2006.

So attention, some NGI maps are not anonymous, and may have a longer
lasting copyright on it!

The 1935 map makes part of the 2nd national new edition of the
topographic maps made by the NGI. Probably this whole edition has no
autor name on it, and all these maps should go back to 1920 - 1940
somewhere. So most should be over 70 years published.

The older (first) edition, made 50 years before the 2nd, still may be
copyrighted...

Think you are talking about the third edition that got started somewhere
late 50's or early 60's, and finished only late 70's. It was the last
'old style pen-made' map, but will be too recent i am afraid. 

Luc






On Wed, 2008-08-27 at 19:14 +0200, Mark Van den Borre wrote:
> 2008/8/27 Mark Van den Borre <mark at markvdb.be>:
> > Hi all,
> >
> > While doing research for my letter to the provincial government of
> > East Flanders, I bumped into quite a but of information that seems to
> > suggest copyright on maps (and on street name databases) is mostly,
> > and sometimes only, limited by the general sui generis right on
> > databases.
> >
> > I have probably missed something, but... If this proves correct, and
> > it applies to NGI maps, it means we can scan 1993 NGI/IGN maps and
> > trace them.
> Sorry, I obviously meant 1958 maps, because of the 50 years of
> publishing rights...
> 
> Mark