(This is meant as a reply to GerardM, not WJhonson)
Pure data such as longitude and latitude, in the US, is treated significantly differently
from the act of creation and determination of a map, particularly one that involves
"inherent pictorial or photographic nature".
"It is true that maps are factual compilations insofar as their subject matter is
concerned. Admittedly, most maps present information about geographic relationships, and
the "accuracy" of this presentation, with its utilitarian aspects, is the reason
most maps are made and sold. Unlike most other factual compilations, however, maps
translate this subject-matter into pictorial or graphic form.... Since it is this
pictorial or graphic form, and not the map's subject matter, that is relevant to
copyright protection, maps must be distinguished from non-pictorial fact compilations....
A map does not present objective reality; just as a photograph's pictorial form is
central to its nature, so a map transforms reality into a unique pictorial form central to
its nature."
See Mason v. Montgomery Data, 967 F.2d 135 (5th Cir. 1992).
http://openjurist.org/967/f2d/135
I'm not familiar with the particular project/maps/geodata in question, but a blanket
statement that claiming copyright on a map is "absurdity" is itself wrong.
-Dan
On Mar 31, 2010, at 3:58 PM, WJhonson(a)aol.com wrote:
In a message dated 3/31/2010 12:21:33 PM Pacific
Daylight Time,
jamesmikedupont(a)googlemail.com writes:
In openstreetmap we are not allowed to import the
positions of items
based on the locations in wikipedia because they are derived from
geoeye/googlemaps for the most part. So there is a rift between what
is supposedly creative commons and what is really creative commons.
Basically wikipedia is turning into a minefield of copyrighted material.>>
Are you suggesting that the mechanical determination of a longitute and
latitude of some object is copyrightable material? I.E. it's "position" is
copyrightable?
Or am I reading this wrong? Perhaps you're suggesting merely that the map,
as an entirety is copyrightable.
W.J.
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