Re: copyright of map

On 07/07/2000, Gabe Wachob <gwachob[_at_]wachob.com> wrote:
>
> On Thu, Jul 06, 2000, Liane Lucietta <lrlucietta[_at_]hotmail.com> wrote:
> >
> > And, I've heard that mapmakers frequently place one bogus feature or
> > location on their maps just to catch infringers.
>
> I've worked with people who've worked in electronic map companies,
> and I assure you, *every* street map of any significant size has
> "traps" in it. Map people will tell you all sorts of amusing
> stories about the creativity put into these traps.
>
> And, these traps are apparently kept very secret -- because if a
> copier could discover them, they would simply be able to remove
> these traps from a unauthorized copy of the map and the potential
> infringer would basically be able to get away scot-free (assuming
> no other proof of copying).

"Traps" are used to detect and prove copying, but they do not themselves establish liability for copyright infringement. As an example, in the Feist case, the publisher of the white pages included several bogus names in order to detect copying. Those bogus names were copied by the defendant; yet the U.S. Supreme Court did not hesistate to hold that the defendant was not liable for copyright infringement for copying the white pages.

It is a common misconception that all copying is infringement. It isn't. A map-maker is entitled to copy the location of streets and other features from a previous map; what he or she is not entitled to copy is the original contribution of the first map-maker: the creative choices that are made as to how to represent those features, what colors to use, original selection and arrangement. But Feist implies that if an author falsely represents fiction as fact, the defendant is entitled to rely on that representation.

Nonetheless, "traps" have a deterrent effect. They discourage people from copying, because they know that doing so will involve them in litigation. Litigation is expensive, risky, and time-consuming, regardless of the outcome. So, most map-makers don't risk copying from one another, even thought the law says they're entitled to do so; instead, they usually start with USGS maps, which are not copyrightable as a matter of law.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Tue Jul 11 2000 - 18:44:41 GMT