Keith Mack
Maps are subject to copyright laws, and the copyright owner has the right to decide where their work is published. Generally, publishing a map that isn't owned by you without the author's permission is prohibited. However, there are exceptions to this rule under the concept of fair use, which allows maps and other copyrighted works to be used without permission for purposes like criticism, commentary, news reporting, education, and research. Additionally, maps in the public domain, such as those created by the federal government or lacking sufficient originality, can be used freely. Understanding and navigating copyright laws regarding map usage can be complex, and it's important to consider factors such as commercial nature, the portion of the work used, and potential market impact.
| Characteristics | Values |
|---|---|
| Can maps be copyrighted? | Yes, maps can be subject to copyright laws. |
| What constitutes copyright infringement? | Publishing a map without the consent of the owner. |
| Are there exceptions to this rule? | Yes, under the "fair use" clause, maps can be reproduced without the author's permission for criticism, comment, news reporting, teaching, scholarship, or research. |
| What factors determine "fair use"? | The purpose and character of the use, including commercial vs. nonprofit nature; the amount and substantiality of the portion used; and the effect on the potential market for or value of the copyrighted work. |
| Are all maps copyrighted? | No, maps in the public domain are not copyrighted and can be used without permission. This includes maps created by the federal government or a federal employee, maps with expired copyrights (pre-1923), maps published before 1989 without a copyright notice, and maps that do not meet "originality" or "minimal creativity" requirements. |
| How do I know if a map is copyrighted? | Check the credit legend in the lower-left corner of the map or the attached metadata file. |
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What You'll Learn
Maps are generally subject to copyright laws
However, there are a few exceptions to this rule, such as the concept of "fair use". Under fair use, maps, images, text, and other works that would typically be protected by copyright law may be used without the author's permission. This is the case when the work is used for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. For example, a map of the US that shows state boundaries is not unique enough to meet copyright requirements and can be used by anyone.
Additionally, maps can be in the public domain and thus available for general use. This includes maps created by the federal government or a federal employee, maps with expired copyrights (generally those created before 1923), maps published before 1989 without a proper notice of copyright, and maps that do not meet "originality" or "minimal creativity" requirements.
It is important to note that the interpretation of fair use can be broad and tricky, as there are no definitive rules. Therefore, it is always a good idea to check the copyright status of a map before using it and to provide appropriate credit or follow specific guidelines, such as in the case of USGS topographic maps, where the source of the map must be acknowledged.
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The copyright owner decides where their work is published
Copyright law grants the owner of the copyright the right to decide where their work is published. This means that without the consent of the owner, you should not publish the work on your site, in your book, in your newsletter, or distribute it to your social media network. The law states that it is not enough to simply give credit to the author.
Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. Copyright covers both published and unpublished works, and it exists from the moment the work is created. Works are original when they are independently created by a human author and have a minimal degree of creativity. This means that the work must be created without copying and must have a "spark" and a "modicum" of creativity, according to the Supreme Court.
Copyright ownership typically belongs to the creator of the work, but there are exceptions. For example, in the case of "works made for hire," the employer owns the copyright for works created by an employee within the scope of employment. Copyright ownership can also be transferred through contracts, assignments, or other types of transfers like wills and bequests. When a copyright owner wishes to commercially exploit their work, they often transfer some or all of their rights to another person or entity responsible for getting the work to market, such as a publisher.
It is important to note that there is an exception to copyright law called "fair use." Under fair use, maps, images, text, and other works protected by copyright law may be used without the author's permission. However, the interpretation of fair use can be broad and tricky, as there are no definitive rules. When determining fair use, factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for or value of the copyrighted work should be considered.
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Fair use laws allow for use without permission under certain conditions
Maps, like any other artwork or intellectual property, are subject to copyright laws. Generally, one should not publish a map that isn't owned by them without permission from the author or owner. However, fair use laws allow for use without permission under certain conditions.
Fair use is an exception to copyright law that permits the use of copyrighted works without the author's permission. This includes maps, images, text, and other works that would typically be protected by copyright law. However, it's important to note that the interpretation of fair use can be broad and tricky, as there are no definitive rules.
When determining whether the use of a map qualifies as fair use, several factors come into play. These include the purpose and character of the use, such as whether it is for commercial or non-profit educational purposes. The nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market or value of the copyrighted work are also considered. For example, using a map for commentary, criticism, or news reporting without modification is generally considered fair use. On the other hand, using a map for commercial purposes, such as selling merchandise with the map printed on it, could infringe on copyright.
Google Maps and Google Earth have their own guidelines regarding the use of their maps. While you can print Google Maps content for non-commercial or personal use, certain guidelines must be followed for fair use and attribution. Google Earth can be used for research, education, film, and nonprofit purposes without permission, but commercial or promotional use is prohibited. Additionally, Google Maps and Google Earth trademarks, such as logos and word marks, must be used appropriately and consistently with their trademark guidelines.
In conclusion, while maps are generally protected by copyright laws, fair use laws provide an exception that allows for certain uses without the author's permission. However, it's important to consider the specific factors that determine fair use and to respect the guidelines set by map providers like Google.
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Maps in the public domain are not copyrighted
The US Geological Survey (USGS) is a primary source of maps in the public domain. USGS-authored or produced data and information are considered to be in the US public domain and can be used without permission. The USGS requests that they be acknowledged as the source of the map. USGS topographic maps, including US Topo and OnDemand Topo maps, are in the public domain and can be reproduced and used for any purpose, provided that copyright notices for commercially licensed data are retained and indicated.
Other sources of public domain maps include the US Census Bureau, the Bureau of Land Management, the University of Texas Libraries, the Swedish National Land Survey (Lantmäteriet), Barry Lawrence Ruderman Antique Maps, the National Archives and Records Administration (NARA), and various government agencies such as the CIA, NIMA/NGA, and NOAA.
It is important to note that not all maps are in the public domain, and some may have copyright restrictions. It is always important to check the specific terms and conditions associated with each map source and to provide proper attribution where required. Additionally, the interpretation of "fair use" rules can be tricky, as there are no hard and fast rules, and it is important to consider factors such as the purpose and character of the use, the nature of the copyrighted work, and the effect on the potential market for or value of the copyrighted work.
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Copyrighted maps can be used if the copyright notice is retained
Maps are indeed subject to copyright laws, and the copyright owner has the right to decide where their work is published. Generally, one should not publish a map that isn't owned by them without explicit permission from the author or owner.
However, copyrighted maps can be used if the copyright notice is retained. For instance, USGS topographic maps with copyrighted data can be freely used and distributed as long as the copyright notice is retained. The copyright notice can usually be found in the map credit legend in the lower-left corner of the map collar or in the metadata file attached to the map.
Similarly, US Topo and OnDemand Topo maps, even those that include commercial data, can be reproduced and used for any purpose as long as the copyright notices are retained and indicated. Images derived from these maps can be used in reports and publications if these sources are appropriately credited, and normal fair-use principles apply.
It is important to note that the interpretation of fair use rules can be broad and tricky, as there are no strict guidelines. However, Section 107 of the Copyright Act provides some helpful guidelines, stating that copyrighted work can be used for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Additionally, factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for or value of the copyrighted work should be considered when determining fair use.
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Frequently asked questions
Maps are subject to copyright laws and are treated like any other artwork or intellectual property. However, there are exceptions where maps can be used without breaking copyright law.
Maps can be used without the author's permission under the "fair use" exception. Maps that are considered "fair use" include those used for criticism, commentary, news reporting, teaching, scholarship, or research.
Maps that do not meet "originality" or "minimal creativity" requirements can be considered "fair use". For example, a map of the US that shows state boundaries is not unique enough to meet copyright requirements.
Yes, maps created by the federal government or a federal employee are in the public domain and are available for general use. USGS topographic maps are also in the public domain and can be freely used and distributed.
You can check the credit legend in the lower-left corner of the map collar to determine if a map includes copyrighted data. Maps with copyrighted data can be used and distributed as long as the copyright notice is retained.
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