[Foundation-l] Copyrighted maps and Derived works from copyrighted sources.

[Nikola Smolenski]

jamesmikedupont at googlemail.com wrote:
> On Thu, Apr 1, 2010 at 9:10 AM, Nikola Smolenski <smolensk at eunet.rs> wrote:
>> Andre Engels wrote:
>>> The thought process (note: I do not agree with it) goes like this:
>>> * A map or a sattelite photograph is copyrighted material
>>> * Taking a location from a map or a photograph is getting a derivative
>>> work from it
>>> * You are not allowed to make a derivative work from a copyrighted source
>> In US copyright law, "A “derivative work” is a work based upon one or
>> more pre-existing works". Since a pair of coordinates is not a work, it
>> can not be a derivative work, even if it is based upon one or more
>> pre-existing works.
> 
> As I said, the selection of these coordinates is a work, and if you
> dont have any image available you cannot do so.

Of course I can. I could go there and measure the coordinates, for example.

> What is the contract between you and google to use this data? Are you

I need no contract with anyone to use the data I create.

> sure that you are allowed to just take the points and relicense them
> under the CC-SA?

Not only am I not allowed, it is impossible for anyone to allow or 
forbid it.

> Even one point may not be a problem, but if you select all the
> interesting points then you run into issues of collections and
> databases.

I don't think we will run out of interesting point to select any time 
soon...