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InvisibleJoust
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Pls help me out, copyright infringement?
    #17096653 - 10/25/12 12:57 AM (11 years, 6 months ago)

Hello, ive been working on a mushroom guide in  the MH&I forum and its going pretty well, I wanted to do another update and add the observation maps from MushroomObserver.org. The maps are from Google Maps and I was wondering if it would be considered infringement to a copied image in my guide.
Thanks :thumbup:


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~~~~~~***Psilocybin Mushrooms***~~~~~~
_________A Practical Guide To Psilocybin Mushrooms_________

:sporedrop:                      "Think about the species, not your scale". -NeoSporen                      :sporedrop:

"Mr. Joust, I see you don't actually partake in the psilocin, but it looks like it may partake in you!" -Gojira


       

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OfflineEllis Dee
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Re: Pls help me out, copyright infringement? [Re: Joust]
    #17096732 - 10/25/12 01:09 AM (11 years, 6 months ago)

My short answer is to take a little time and check out the case law on it. Google seems like an outfit that would aggressively protect their copyrights when they're misused for profit without their consent so get their permission or be sure it's covered by fair use, or risk a lawsuit.

Quote:

On the Subject of fair use, From the U.S. Copyright Office

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

      The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
        The nature of the copyrighted work
        The amount and substantiality of the portion used in relation to the copyrighted work as a whole
        The effect of the use upon the potential market for, or value of, the copyrighted work


The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.



FL-102, Reviewed June 2012




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"If the foundations be destroyed, what can the righteous do."-King Solomon

And there was war in heaven: Michael and his angels fought against the dragon; and the dragon fought and his angels,

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InvisibleJoust
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Re: Pls help me out, copyright infringement? [Re: Ellis Dee]
    #17096773 - 10/25/12 01:21 AM (11 years, 6 months ago)

Yeah ive been doing some reading on the matter, seemes like it is legal as long as I dont make money off of it, and as long as its on a public website and give them credit.
:nyan:


--------------------
~~~~~~***Psilocybin Mushrooms***~~~~~~
_________A Practical Guide To Psilocybin Mushrooms_________

:sporedrop:                      "Think about the species, not your scale". -NeoSporen                      :sporedrop:

"Mr. Joust, I see you don't actually partake in the psilocin, but it looks like it may partake in you!" -Gojira


       

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InvisiblePsychedelic Pupil
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Re: Pls help me out, copyright infringement? [Re: Joust]
    #17097655 - 10/25/12 08:15 AM (11 years, 6 months ago)

Quote:

Joust said:
Yeah ive been doing some reading on the matter, seemes like it is legal as long as I dont make money off of it, and as long as its on a public website and give them credit.
:nyan:




That's correct


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I'd like to think I'm smart enough to realize how much knowledge I don't have.

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Invisiblejohnm214
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Re: Pls help me out, copyright infringement? [Re: Joust]
    #17097765 - 10/25/12 08:49 AM (11 years, 6 months ago)

Quote:

Joust said:
Hello, ive been working on a mushroom guide in  the MH&I forum and its going pretty well, I wanted to do another update and add the observation maps from MushroomObserver.org. The maps are from Google Maps and I was wondering if it would be considered infringement to a copied image in my guide.
Thanks :thumbup:





It certainly would be if you didn't have permission and you didn't have a fair use right to the image.

Be very careful listening to internet people talk about fair use: they make it out to be far more robust than it actually is.  Lack of profit and such isn't a bar to liability, and you bear the burden of establishing fair use.

But, to the extent the maps are just depictions of reality, you could surely trace over them or something to retain only the information and likely avoid any copyright issues.  It seems questionable to me whether simple maps would be copyrightable in the first place without additional artistic/creative additions (US law).

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InvisibleCidneyIndole
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Re: Pls help me out, copyright infringement? [Re: johnm214]
    #17098185 - 10/25/12 10:45 AM (11 years, 6 months ago)

I'm not certain the purpose of the maps in your guide, but I could have sworn we have a rule against giving away any IRL locations where mushrooms are found.


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I am me. We are You.

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InvisibleEnlilMDiscord
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Re: Pls help me out, copyright infringement? [Re: johnm214] * 1
    #17098186 - 10/25/12 10:45 AM (11 years, 6 months ago)

I second john's opinion about trusting strangers on the internet when your freedom and/or financial well-being is at stake.

Having said that, using a google map as a background for information that you are providing on that map is almost certainly fair use in a non-commercial context.  A court could always disagree with this, but even in the worst possible situation, you would only be ordered to remove the copyrighted material...and I suspect that even this is highly unlikely.


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InvisibleJoust
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Re: Pls help me out, copyright infringement? [Re: Enlil]
    #17098641 - 10/25/12 12:12 PM (11 years, 6 months ago)

Thanks guys, I am thinking of updating the maps i posted last night of a U.S. map with geometrical border lines. If you would like to know the context it is in my guide here.
https://www.shroomery.org/forums/showflat.php/Number/17083372

I agree with you about being incredulous when it comes to online information, and the way people on the forums give it out. I dont know mach about copyright law so I thought Someone would be able to post a link or give some advice as listed below. I will play it safe in this situation.
Thanks


--------------------
~~~~~~***Psilocybin Mushrooms***~~~~~~
_________A Practical Guide To Psilocybin Mushrooms_________

:sporedrop:                      "Think about the species, not your scale". -NeoSporen                      :sporedrop:

"Mr. Joust, I see you don't actually partake in the psilocin, but it looks like it may partake in you!" -Gojira


       

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OfflineAlan RockefellerM
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Re: Pls help me out, copyright infringement? [Re: CidneyIndole]
    #17101972 - 10/25/12 09:13 PM (11 years, 6 months ago)

Quote:

CidneyIndole said:
I'm not certain the purpose of the maps in your guide, but I could have sworn we have a rule against giving away any IRL locations where mushrooms are found.





Only in the Mushroom Hunting & Identification forum.  A post with exact locations would theoretically be allowed in the pub.

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