[Talk-ca] Digitizing over an aerial photo

[Kevin Michael Smith]

On Tue, 2011-02-01 at 16:13 -0500, Yves Moisan wrote:
> Hi All,
> 
> I have a trivia for you license-interested/competent folks.  Say I have 
> a recent aerial photo coverage of a really nice town that I'd like to 
> use to digitize features, is there an issue if the photo is private 
> (city-owned) ?  The way I see it is that if I'm digitizing a 
> point/line/polygon and assigning it attributes, I'm really 
> photo-interpreting so the data is "mine".  Of course the underlying 
> photograph helped, but it's not data per se.  Any arguments/counter 
> arguments or real legalese pointers ?

My understanding is that what you produce would constitute a 'derivative
work'.  You would hold the copyright to it, but the copyright of the
photo would also apply to it.

Of course, IANAL.

-- 
Kevin Michael Smith <haietlik at draconic.ca>
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