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Who Owns the Map
| Content Provider | Semantic Scholar |
|---|---|
| Author | Kin-Wah, Leung Leung, Joanna |
| Copyright Year | 2007 |
| Abstract | SUMMARY In the context of map publication, a copyright work means a piece of original literary or artistic work in which copyright subsists. However, copyright does not automatically subsist in a work unless the requirements with respect to qualification for copyright protection are met. Unlike making a sculpture or writing a song, mapping the real world with on ground features visible by everyone is obviously not a simple creative work. It is arguable and sometimes difficult to prove someone has infringed the intellectual right of other’s work in the absence of distinct and objective evidences. The geographic features on the earth surface such as lakes, rivers and roads are objective phenomena which everyone can visualize. However, presenting these features on the map involves artistic design and very much depended on the map author’s professional knowledge and judgment. Moreover, the collection of these information requires tremendous effort, time and resources to complete. The originality in producing a map is the primary consideration constitutes the subsistence of copyright to a map. Two different pieces of map works, even with the same theme, will not be highly identical if not by imitation. Illustrated with some examples, this paper will discuss the approaches in collecting evidences to testify whether a particular map work has infringed the copyright of others. By making reference to the court judgments i , the authors would also discuss the role and liabilities of different parties in a map copyright infringement case. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www.fig.net/resources/proceedings/fig_proceedings/fig2007/papers/ts_6d/TS6D_05_leung_leung_1338.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
