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Author Topic: Map copyright  (Read 785 times)

QnA

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Map copyright
« on: 08-05-12 at 06:24 pm »

I am planning on drawing some maps that will be derivative works of other maps. I've avoided using copyrighted maps (that would be copyright violation, correct?), but I'm beginning to wonder about whether or not I can use maps that claim to be in the public domain (of which there are few). I doubt that the public domain maps on Wikimedia Commons or OpenStreetMap are all original cartography - they must taken from a copyrighted source, right? This question is also applicable to an online game that I play where users create maps (likely often taken from copyrighted sources) for use in the game.

My question is, ultimately, how can I stay within the law while creating these maps or playing this game?

EDIT: Also (regarding plagiarism), how much citation would be necessary for creating a map? I'm making one of all the U.S. counties I've been in; do I need to give citations saying the that I used the 2006 Road Atlas for determing that I've been in so-and-so counties and I determined that I've been in such-and-such county because I asked my parent about a past vacation I took?
« Last Edit: 08-05-12 at 06:34 pm by QnA »
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Smokin

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Re: Map copyright
« Reply #1 on: 08-05-12 at 07:41 pm »

While maps are protected with copyrights, facts are not. It is possible to create derivatives of maps without actually infringing on the copyright.

Maps from federal sources are most likely a safe public domain source to look at. For example C.I.A. or Nasa maps.

As for games, well that's a tricky and mostly uncharted territory. There is a good argument that can be made for "fair use" of user created content from games like mods, fan art, or other creative derivatives like "red VS blue" (whom ultimately obtained permission). That being said an equally compelling argument can be made against allowing user created maps/content that could be viewed as hurting the profits from game developers/distributors if they sell similar content like game guides, or game cheats.

Citation has nothing to do with copyrights, its been a tradition and etiquette to cite sources to give credit in many fields like photography, science, news, etc,etc,etc for various good reasons..... but citation does not do much to show you were more or less guilty of infringing on copyrights. If I were to bootleg some pop song and give the singer/producer/distributor some extensive credit while giving away the music for free, it doesn't mean I didn't infringe on the intellectual rights of those people. On the same note, if I played the music (a cover) at a religious function and gave no citation or credit to the audience of the creators and/or original performers, it wouldn't diminish a fair use defense in any way since the copyright laws specifically state this kind of use is permissible.
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QnA

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Re: Map copyright
« Reply #2 on: 08-07-12 at 05:59 pm »

Maps from federal sources are most likely a safe public domain source to look at. For example C.I.A. or Nasa maps.
I haven't found very good maps at either of those sources. Is there others? Specifically, ones with good outline maps?

Quote from: Smokin
Citation has nothing to do with copyrights, its been a tradition and etiquette to cite sources to give credit in many fields like photography, science, news, etc,etc,etc for various good reasons..... but citation does not do much to show you were more or less guilty of infringing on copyrights. If I were to bootleg some pop song and give the singer/producer/distributor some extensive credit while giving away the music for free, it doesn't mean I didn't infringe on the intellectual rights of those people. On the same note, if I played the music (a cover) at a religious function and gave no citation or credit to the audience of the creators and/or original performers, it wouldn't diminish a fair use defense in any way since the copyright laws specifically state this kind of use is permissible.
So plagiarism is not a legal issue? Citations are not necessary?

How about viewing a site that posts maps of questionable copyright status? Is there any legal worries to be had there? I just found a site with some very cool maps, but the site author said that he does not check copyright status. That would lead me to believe that much of the material is in violation of copyright law, and thus I would be breaking the law by viewing the site, just as a person viewing pirated movies would.

Thanks for the reply!
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Smokin

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Re: Map copyright
« Reply #3 on: 08-07-12 at 06:40 pm »

Quote
I haven't found very good maps at either of those sources. Is there others? Specifically, ones with good outline maps?

I went to wikicommons and found more than a few maps. Most of the images list where it was found which requires further investigation on your part to determine if the images are indeed in public domain or not.

Quote
So plagiarism is not a legal issue? Citations are not necessary?

Plagiarism is not a legal issue, it is possible to plagiarize and also violate a copyright, but on the same not its also possible to plagiarize and not violate any copyright. Citations are not necessary where copyrights are concerned. At best a citation can contribute to a better fair use defense by suggesting that it drew more attention and business toward the copyright holder.

Quote
How about viewing a site that posts maps of questionable copyright status? Is there any legal worries to be had there? I just found a site with some very cool maps, but the site author said that he does not check copyright status. That would lead me to believe that much of the material is in violation of copyright law, and thus I would be breaking the law by viewing the site, just as a person viewing pirated movies would.

There is a difference on the net between a publisher and a distributor. The DMCA states that anyone publishing protected works will be guilty of infringment, however those who are simply distributing content like "google, search engines, torrent sites", will not be infringing on copyrights as long as they follow the guidlines the DMCA laid out (like abiding by the process of takedown notices.

For example, google's content on their search engine has a huge percentage of infringing content, but because they can control how people use Google's technology to publish infringing content, they are not liable. As for seeing content on the net that is infringing, you are not guilty of infringing, just using the net.
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QnA

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Re: Map copyright
« Reply #4 on: 08-14-12 at 12:01 pm »

Would it be against the law to trace a map from an atlas and make a derivative work from it? (Taking a remote area and drawing a city map on it.)
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Smokin

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Re: Map copyright
« Reply #5 on: 08-19-12 at 11:10 am »

here are some links to get an understanding of the basics of fair use.

http://www.youtube.com/watch?v=CJn_jC4FNDo
http://www.youtube.com/watch?v=jrq2jIHiMWE

those links lead to more if you are interested.
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