Re: [MapHist] Digital image copyright on websites

Sun, 28 Nov 2010 10:54:21 -0800 

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Your question is somewhat irrelevant.

Lets be clear -- according to U.S. law, you do not CLAIM copyright.  If you create a work, copyright exists -- it is inherent in the act of creation.  You may REGISTER a copyright, which gives you access to punitive damages in a lawsuit for copyright infringement.  But registration does not affect whether or not you own copyright.

Sure, Web sites can and should own copyright to their original content.  (Keep in mind, though, that U.S. government sites are by definition in the public domain. Not everything posted on government Web sites is in the public domain, however.  Only works that were created or commissioned by government agencies are.)

If a Web publisher uses his original photos, those are by definition copyrighted by him -- no CLAIM needs to be made.  If a publisher uses someone else's photos, they must either have bought the rights to that work, licensed the right to use that work, or they are probably illegally claiming someone else's rights as their own.

Dave

On 11/28/2010 9:19 AM, J. B. Post wrote: 
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   My question was not one of legality or copyrightability, but whether most websites containing maps which members of this list might encounter have claimed a copyright.

 

-----Original Message-----
From: [email protected] [mailto:[email protected]] On Behalf Of David M. Lawrence
Sent: Sunday, November 28, 2010 8:44 AM
To: Discussion group for map history
Subject: Re: [MapHist] Digital image copyright on websites

 

There is no general practice to consider here.  In the U.S., at least, an image is considered copyrighted  as soon as it is created -- that's the law, not "practice."

On 11/28/2010 8:42 AM, J. B. Post wrote: 

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   A few years back, there was a question on this list about copyright of reproductions/photographs of maps obviously in the public domain.  The upshot was in US copyright law, photographs and some other reproductions of graphic works are considered to be new artistic creations and the copyright is claimed on them, not on the original graphic work.  I haven’t looked at all that many websites with maps on them and was wondering if there is any sense if most claim copyright of their contents.  This is not the same as “copy protection” which attempts to keep the images from being downloaded and is a technical thing, not a legal thing.  Even if a site allows free downloading, it could still claim a copyright, even if only a general one for the site itself, intended as a blanket for the contents.  Any sense on the general practice? 

 

JBP

 

 
 
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_______________________________________________
MapHist: E-mail discussion group on the history of cartography
hosted by the Faculty of Geosciences, University of Utrecht.
The statements and opinions expressed in this message are those of
the author and do not necessarily reflect those of the University of
Utrecht. The University of Utrecht does not take any responsibility for
the views of the author.
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-- 
------------------------------------------------------
 David M. Lawrence        | Home:  (804) 559-9786
 7471 Brook Way Court     | Fax:   (804) 559-9787
 Mechanicsville, VA 23111 | Email: [email protected]
 USA                      | http:  http://fuzzo.com
------------------------------------------------------

"All drains lead to the ocean."  -- Gill, Finding Nemo

"We have met the enemy and he is us."  -- Pogo

"No trespassing
 4/17 of a haiku"  --  Richard Brautigan

_______________________________________________
MapHist: E-mail discussion group on the history of cartography
hosted by the Faculty of Geosciences, University of Utrecht.
The statements and opinions expressed in this message are those of
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Utrecht. The University of Utrecht does not take any responsibility for
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