>> Please don't use Google Maps when doing OSM. It's just not worth the risk.
>
>I understand that this is a safe and wise rule, but as Wikimedia
>Commons' site suggests (and Nic's reply, commenting on talk-legal
>discussions), there may be a fair use (or fair dealing) for rectifying
>the location of an object this way.
The concept of fair use is something which differs from one jurisdiction to
another. Here in the UK for example, we have no fair use rights at all. Even
ripping a CD to your PC and downloading it to a portable music player is
technically not something you have a right to do, although in this case any
copyright owner who tried to sue a user for doing so would be completely mad.
Whilst fair use may be used as a defence for rectifying data using Google Maps
in the USA, it would not be a valid defence in the UK or a number of other
jurisdictions. Just go out with a GPS to take an accurate position, or use
another data source that we have a right to use.
After all, the fun of openstreetmap.org is creating our own map, using our own
tools (such as our feet, bicycles and GPS-enabled gadgets). I do use the yahoo
imagery when there is no alternative, but it's better to have a legally-clean
(but not quite complete) map which still allows someone the fun of completing
it, than one which people can't use with confidence because they're not sure of
its legality.
Donald
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