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Legal Issues in Maps Built on Third Party Base Layers
Abstract
The recent growth in citizen map-making ability has been brought about in part by the availability of base layers of geospatial information on which maps can be built, as well as software tools that allow geographic information to be represented. However, the legal relationship between the creator of the map and the owner of the base layer has received relatively little attention. In this paper, we consider legal issues regarding volunteered geographic information (VGI) submitted to third-party geographic information systems (GIS). This combination raises issues of copyright, database rights, trademark, and End User License Agreements (EULAS). The paper will consider the IP rights on which the EULAs are founded and the corresponding rights of those who build their own maps onto the base layers; analyze some of the key EULAs in this area, and identify important issues for those who create maps using these base layers.
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“In the Canadian interpretation, originality requires “judgement and skill,” whereas in the American interpretation, the standard is a “spark or modicum of creativity” (Saunders, Scassa, and Lauriault 2012, 281).”
From What We See, What We Don’t See: Data Governance, Archaeological Spatial Databases and the Rights of Indigenous Peoples in an Age of Big Data (2020) · cites this paper as Saunders, Scassa, and Lauriault 2012
In the citing paper
“The threshold for “originality” in selection or arrangement of a compilation varies between Europe, Canada, and the United States.”
From What We See, What We Don’t See: Data Governance, Archaeological Spatial Databases and the Rights of Indigenous Peoples in an Age of Big Data (2020) · cites this paper as Saunders, Scassa, and Lauriault 2012
In the citing paper
“A user who creates a map on a third-party base layer service (e.g., Google Maps), for example, does not have rights to that underlying base layer (Saunders, Scassa, and Lauriault 2012).”
From What We See, What We Don’t See: Data Governance, Archaeological Spatial Databases and the Rights of Indigenous Peoples in an Age of Big Data (2020) · cites this paper as Saunders, Scassa, and Lauriault 2012
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Research works printed but not linked: 7
- Aliprandi S., 2012, IFOSS L Rev, 4, 1
- 10.1007/s10708-008-9186-0 · DOI
- 10.1007/s10708-007-9111-y · DOI
- 10.1080/17538941003759255 · DOI
- Halla, G. Brent, Raymond Chipeniukb, Robert D. Feickc, Michael G. Leahyd and Vivien Depardaye. 2010. Community-based production of geographic information using open source software and Web 2.0, International Journal of Geographical Information Science 24:5, 761–781.
- 10.1016/j.jog.2006.09.019 · DOI
- 10.1007/s10708-008-9185-1 · DOI
Cited by
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Li, S., Dragicevic, S., Castro, F. A., Sester, M., Winter, S., Coltekin, A., Pettit, C., Jiang, B., Haworth, J., Stein, A., et al. (2016) · ISPRS Journal of Photogrammetry and Remote Sensing · doi:10.1016/j.isprsjprs.2015.10.012 · Cited by 749
geoSmartCity: geomatics contribution to the smart city
Daniel, S., & Doran, M.-A. (2013) · Proceedings of the 14th Annual International Conference on Digital Government Research · doi:10.1145/2479724.2479738 · Cited by 68
Gupta, N., Blair, S., & Nicholas, R. (2020) · Journal of Field Archaeology · doi:10.1080/00934690.2020.1713969 · Cited by 58
Metadata
- Authors
- Saunders, A., Scassa, T., & Lauriault, T. P.
- Affiliations
- University of Ottawa, Ottawa, Ontario
- Geomatics and Cartographic Research Centre, Ottawa, Ontario
- Venue
- GEOMATICA
- Publisher
- Elsevier BV
- Published
- 2012-12
- Volume
- 66
- Issue
- 4
- Pages
- 279-290
- ISSN
- 1195-1036
- Cited by
- 10
- References
- 0
- Language
- en
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