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.
--
Matthew
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