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Question: Maps and Copyright?
Recently I’ve received several questions relating copyright and reproducing other maps, so I thought I’d deal with them all at once. The first question deals with reproducing maps that may or may not be in the public domain; the second deals with using reproductions of old maps that themselves are out of copyright; the question is the copyright status of the reproductions.
First, Drew writes:
I’m interested in reproducing the Tokyo subway map on a product that I will be selling online. Things like t-shirts, postcards, etc. I want to use the official Tokyo Metro version from their website. I can’t find any contact info for them though. Do you know anything about the ability to reproduce this map? Is it in the public domain? If I use it without an offical answer would they just tell me to stop if they didn’t want it used, or would I face a copyright lawsuit? Thanks in advance for any help and I look forward to your reply.
The maker of subway maps for the iPod ran into trouble for distributing iPod-friendly digital versions of official subway maps, and he wasn’t even asking for money. The answer to your question will depend on Japanese copyright law, about which I know nothing. But considering that people run into trouble when they aren’t making money from it, there is probably considerable risk involved if you try to sell tchotchkes based on official maps. You really ought to try to get a hold of them. Which, I admit, is not much help; can anyone add to this?
Next, Cynthia writes:
1. Are all (if any) antique maps copyrighted? And if so, could you tell me how to go about gathering information about particular maps?
2. I am interested in one map in particular that I would like to use as wallpaper on my website. I don’t know the name of it but I could send you a link to it or a jpeg of it. It is in Atlas Maior by Peter Van der Krogt, so I suspect that it is not entirely public domain but would like to find out for sure before giving up. The web in general and antique maps (always loved them, am just beginning to learn about them) are both pretty new to me so any guidance would be greatly appreciated! I would love info on how to go about checking copyrights on maps as I would much prefer not to get in trouble! I am more than happy to do the research, I just have not had luck yet in discovering where to even look … I thank you in advance!
Another question I received last month states the point more succinctly:
Regarding the copyrights of old and antique maps prior to the 1923 convention: Do exact scans of an original print have any actual copyright weight?
So, for example, maps from Blaeu’s Atlas Maior may be out of copyright, but is Van der Krogt’s edition of it (see previous entry) protected? Or, to take another example, is a digital image of an antique on a library web site copy-protected? I suspect it is, and that scanning the book rather than the original, or using someone else’s scan, may be problematic, but I could be wrong. Can anyone offer any insight here?
See previous entry: Copyright Traps.
A good historical review of some of these issues can be found at http://policy.meadholm.com/copyright/.
Fair use, at least in the U.S., involves four factors:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.
I can’t speak to Japan, but within the U.S., a fair use analysis of the subway map would indicate that it was a commercial use and presumably the entirety of the map is being shown. The nature of the copyrighted work requires some creative work, it is not just a compilation of facts. Since it is likely that it is a giveaway, it probably doesn’t change the “market.” Almost certainly, this will be viewed as “not fair use,” in the U.S. if there is a suit. However, because this is put out by a governmental agency, you would need to check whether there was a specific provision for reprinting governmental publications (becoming more common).
The issue related to a recent copy of an out of copyright map is more complex. The copy likely is protected by the copyright act as a derivative use. The standard is whether there is minimal creative change involved in the transformation. Color balance, framing, enhancing labels, etc. are at least enough basis for bringing the suit. Without access to the original you won’t know what the copyist might have changed.
Dale | 01/17/2006 at 10:19 AM | #
This question has come up before regarding the reproduction of artworks. I’m not sure that all legal issues are yet settled.
If, for example, I wanted to use one of Bleau’s maps as a background for a web-page, I might take a few precautions (based on the factors given above) to avoid having the issue tested in a suit against me:
A) Search far and wide for a public-domain source, or one that expressly permits the use you intend.
B) Don’t make access to the map images the thing that you’re offering on the website. Make sure you use as little as possible and that it’s obviously just a background texture, not a product.
C) Add some of your own creative work to the image. Don’t just pop a scan there. Flatten the colors, add some texture or lighting effects. Crop ruthlessly, etc.
D) Cite Bleau as THE source of the image, then mention Van de Krogt as the republisher and, if you think it’s appropriate, provide an ISBN or link to purchase his book.
If you do that, you’ve minimized the extent of your use and the competitive nature of it. Someone would have to be awfully grumpy to go after you, and you might even be able to defend yourself if they did.
If you’re REALLY feeling lucky, you could fully describe your proposed use and ask the publisher for permission. That’s the excrutiatingly correct action, but it’s probably not going to be a cake walk.
As for selling T-shirts whose sole commercial value is the cartographic design of others? Not bloody likely.
Note: I am not a lawyer and am only barely conversant in legalese.
Dystopos | 01/17/2006 at 7:22 PM | #