Hi, According to : http://en.wikipedia.org/wiki/Derivative_work
"In United States copyright law, a derivative work is an expressive creation that includes major, copyright-protected elements of an original, previously created first work (theunderlying work)." Obviously looking at google street view images and noting some facts we can see in them like street names,... can't be seen as derivative work. And : " When does derivative-work copyright exist? For copyright protection to attach to a later, allegedly derivative work, it must display some originality of its own. It cannot be a rote, uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression, over and above that embodied in the earlier work for the latter work to satisfy copyright law’s requirement of originality. " It's clear that Google's photos in street view have no originality at all, they are just facts. Using some information everybody can see in those images isn't a creative process either. In the light of those definitions of derivative work, I can't understand how one might see a infringement of google terms of use when OSM contributors look at Google Street View photos to verify some facts (street names, signs, ...) Regards, Vlad. Le 5 nov. 2012 à 16:42, Frederik Ramm <frede...@remote.org> a écrit : > Hi, > > I haven't read this thread in full but it has come to my attention that > people in this thread have argued that it would be acceptable to use Google > StreetView pictures when mapping. > > It is not. > > The legal situation may be debatable and indeed differ from country to > country but Google's terms of use do not permit making derivative works of > their imagery and distributing them. > > As a project, our general approach to any situation where something was not > totally clear legally has always been to err on the side of caution. If > someone says that we cannot use this data then we won't, even if there are > people who say that it might still be legal to do so. > > So don't use Google Street View for mapping unless you have explicit > permission from Google to do so. > > Bye > Frederik > > -- > Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" > > _______________________________________________ > talk mailing list > talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/talk
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