On Sun, Dec 19, 2010 at 4:32 PM, Simon Poole <si...@poole.ch> wrote: > > "Anthony" <o...@inbox.org> wrote > >> None of that even shows that German courts use the term "derivative >> work", let alone define tracings of aerial photographs to be under the >> definition of that term. > > It's extremly unlikely that a German court would use English :-).
Well yeah, exactly. When I say that "probably...tracing a map doesn't create a derived work", I certainly don't preclude the fact that some German law might impose some copyright-like, but not actually copyright, restrictions on the results of such tracing. Though I have yet to see any evidence that it does. > But in the specific case they did considered the derived work, the German > equivalent of a "derived work". What case are you talking about? It wasn't one where someone was tracing an aerial photograph, was it? What is "the German equivalent of a 'derived work'"? And, if you're saying it's different, then how can you say it's equivalent? It's quite a leap to go from the fact that aerial photographs are protected by copyright law, which is probably true even here in the United States (with the note that aerial photographs are not the same as satellite photographs), to saying that a tracing of an aerial photograph is a derivative work. >>> PS: and the relevance is that very likely the majority of bing tracing >>> right >>> now is going on in -Germany- > >> And that matters why, exactly? > > Because: > >> If you go back to the statement that I was responding to, you'll see >> that it said that the Microsoft license "makes no grants of rights to >> publish derived works". > > Does MS even have the rights to grant such a license in Germany? Do they have the rights to grant such a license in the US? I doubt it. If you're concerned that tracing aerials might create a derived work (which I'm not), then you need a license from the copyright owner of the image, which is probably not Microsoft. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
