25 Mar

Commons:Derivative works

‎Maps
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* '''Elements copied from other maps''' (say, from a public domain USGS map). Whatever new information the mapmaker added will be protected by copyright (the selection, arrangement of the info), but the elements that were copied (the elements of a USGS map used as a starting point, for example) will stay in the public domain.

* '''Elements copied from other maps''' (say, from a public domain USGS map). Whatever new information the mapmaker added will be protected by copyright (the selection, arrangement of the info), but the elements that were copied (the elements of a USGS map used as a starting point, for example) will stay in the public domain.

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However, some of these maps may be protected by copyright. Maps aren't copyrightable, if ''there was only one way to effectively express that idea''. The court found that there was сreativity involved in ''The idea here was to bring together the available information on boundaries, landmarks, and ownership, and to choose locations and an effective pictorial expression of those locations.'' But ''[T]he facts and ideas ... are free for the taking.... "[T]he very same facts and ideas may be divorced from the context imposed by the author, and restated or reshuffled by second comers, even if the author was the first to discover the facts or to propose the ideas.''[https://bulk.resource.org/courts.gov/c/F2/967/967.F2d.135.91-2305.html] Mason v Montgomery Data et al 1992
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However, some of these maps may be protected by copyright. Maps aren't copyrightable, if '''there was only one way to effectively express that idea'''. The court found that there was сreativity involved in '''The idea here was to bring together the available information on boundaries, landmarks, and ownership, and to choose locations and an effective pictorial expression of those locations.''' But '''[T]he facts and ideas ... are free for the taking.... "[T]he very same facts and ideas may be divorced from the context imposed by the author, and restated or reshuffled by second comers, even if the author was the first to discover the facts or to propose the ideas.'''[https://bulk.resource.org/courts.gov/c/F2/967/967.F2d.135.91-2305.html] Mason v Montgomery Data et al 1992

While the above applies to the United States, it is not clear if it is applicable to other countries. In the European Union ''Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases'' has been approved. However, neither the directive, nor any of the national laws promulgated after its approval clearly specify that elements represented on maps qualify as databases.

While the above applies to the United States, it is not clear if it is applicable to other countries. In the European Union ''Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases'' has been approved. However, neither the directive, nor any of the national laws promulgated after its approval clearly specify that elements represented on maps qualify as databases.

http://commons.wikimedia.org/w/index.php?title=Commons:Derivative_works&diff=93249800&oldid=93249689