Hi,
On 07/27/2012 02:02 AM, Michael Kugelmann wrote:
At least in Germany, a photographer may not photograph anything in
public view and claim ownership; it is possible that photographing
e.g. a work of art and then using that photo requires consent from the
rights holder even though the object was in public view.
Are you sure for Germany? I would disagree with your statement due to
the so called Panoramafreiheit
Slightly off-topic here now but I was alluding to the fact that the rule
you mention is only for permanent installations, so if you photograph a
work of art of temporary nature, even if "temporary" = "a few years",
you'll usually not be allowed to use the photo.
Trying to get back to the topic here, if a hotel displayed its Michelin
rating at the entrance then:
* you are of course allowed to take a photo;
* if you want to use that photo in any way, then it depends on whether
or not the Michelin rating display was done in a way creative enough to
attract copyright;
** if it is not creative enough then you can do what you want;
** if it is creative enough then you require the copyright holder's
permission to distribute or otherwise use the photo
But of course we weren't talking about the photo per se, but about the
question whether you could put the rating in the OSM database, and I
believe that even if the Michelin rating is displayed in a way so artful
that it attracts copyright, the *fact* that the hotel has a certain
rating will not be copyrightable.
Of course, if you lift the info from a restaurant guide then, in Europe,
you're up against database law which protects the collection of all
ratings rather than the individual rating.
Bye
Frederik
--
Frederik Ramm ## eMail [email protected] ## N49°00'09" E008°23'33"
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