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| Subject: | RE: GISList: vmap copyright |
| Date: |
02/13/2002 07:37:17 AM |
| From: |
Dimitri Rotow |
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> I am making a project with some vmap0 data, and I'm begining to
> have quite
> a doubt : are these data really free of copyright ?
> I have downloaded the file V0eur at the adress :
>
> http://geoengine.nima.mil/ftpdir/archive/vpf_data/
>
Benoit -
Everything downloaded from NIMA's site is in the public domain and is
completely free of copyright. You can do whatever you want with it.
> I have made two type of operations on this data :
>
> * extraction of specific areas (covering several countries),
> * modification of both vector and attributes files.
>
> From that point, I used to consider that these database could be
> considered as my own one, and I planned to resell it an a web site.
That's a question for a copyright lawyer. My layman's opinion (I am not a
lawyer, but I do have many years' experience of intellectual property (IP)
issues) is that unless you have made significant changes the new version
won't be protected by copyright even if you claim a copyright. It sounds to
me like the changes you are making are significant enough.
Note also that copyright is just one way of protecting data. You can also
license the data and then enforce the license in a contracts action.
Copyright is useful because it is easier to invoke the power of the state to
protect copyrights than to bring a series of civil actions to enforce a
contract. Contracts law varies greatly from country to country but most
signatories of the Treaty of Paris have pretty much the same approach to
enforcing copyright.
There is also a serious question as to whether or not digital datasets
representing real features on Earth can be copyrighted. For example,
database compilations are not copyrightable. One can copyright the
particular physical appearance of a printed version of a database (ie, a
specific layout using a given font, etc) but not the data content. I'd
therefore claim both a copyright as well as requiring agreement with a
license if you will sell such data. You would therefore have two defenses
in case one fails.
If serious money is involved, get a good IP lawyer. Interview the lawyer
carefully to be sure he or she has a lot of current experience with IP law
one since most lawyers not actively practising in this area don't understand
the issues involved. Check out the Nolo press website for some very good
books on the topic that may be read by laypeople. If you study the Nolo
books you'll know more than the average lawyer and will be able to ask sharp
questions to ascertain if your candidate lawyer really has a grasp of IP
law.
Cheers,
Dimitri
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