[OSM-talk] [OSM-legal-talk] Illegal activity
Frederik Ramm
frederik at remote.org
Mon Nov 2 12:42:20 GMT 2009
Hi,
Richard Fairhurst wrote:
> I'm not particularly au fait with national copyright law in mainland
> Europe. Doubtless you can answer on France: I can't see anything in
> German law that would give protection.
I have lost thread of what kind of protection exactly you are talking
about, but German copyright law stipulates that photos - and this is
commonly read as "including photos taken from the air through automated
means", have 50 years of copyright protection during which any use (!)
of the photos requires permission from the copyright holder:
http://dejure.org/gesetze/UrhG/72.html
Some lawyers say that because German copyright requires a person as the
rights owner, any kind of automated photography cannot be copyrighted.
Others, and they seem to form the majority, say that the person who
"conditions" the machinery used to take the photos becomes the rights
owner. There is some German-language discussion of this here:
http://www.schmunzelkunst.de/saq2.htm#luftbild
Bye
Frederik
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