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Is it wrong to use another company's location maps to show public anemities?

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F

Fusi

Guest
What is the name of your state?California.

I did a personal website on BMX riding and in one section,
I have a big map that shows all the skatepark in California.
Clicking each site brings up a separate page showing what and where the skatepark has and how to get there.

On the 'how to get there' paragraph of each location, I have one location map telling exactly where the place is. This map was taken from another website like maps.yahoo.com. In addition, I have placed a credit note to direct people who wants further details on getting there to the website that I've obtain the map from. I did not seek the website for permission to use the map because at that time this hasn't cross my mind. I thought what I did was a community kind of stuff showing people what California have and how to get to these park. I don't do advertisement for any company, I don't get any profit and this is definitely not a commercial website. Also I don't own a company or business. It is just a personal website or rather a hobby. Basically, I don't get anything in return except self satisfaction that I contribute to the sport.

Is this consider fair use?
Are these maps considered in the 'Public Domain' and free to use?

Appreciate your advise
 


BelizeBreeze

Senior Member
I did not seek the website for permission to use the map because at that time this hasn't cross my mind. I thought what I did was a community kind of stuff showing people what California have and how to get to these park.
So you stole the maps. Pretty simple concept.

Is this consider fair use?
Are these maps considered in the 'Public Domain' and free to use?
No and a BIG no.
 
F

Fusi

Guest
Thanks for the reply...
The fact that I took the maps cannot be dispute even though I did it out of ignorance of the law.
I know that the law do not accept ignorance as an excuse. So what's done was done.

So now, I would really like to know how should the damage to the company be assess?
I saw the remedies available for the infringement and was wondering how it should be applied in this case.
I quote "You may get your actual damages (the amount of money from lost business),
may get the amount the infringer gained (what he or she made from your work),
or the statutory amounts and attorneys fees if you registered the copyright within 90 days of publication"

Should I pay for: -
1) the amount of money from lost business. If I interpret, this could mean the cost of each map I took?
I do not know the price of each map until they have brought to my attention which they showed me a linked to a page which is not easy to find.
The price of each map (320x240) is very high and I was wondering, is there anyway I can lower the cost?
Will the judge be the one who will assign the price tag of the product i.e. digitized map?

2) the amount the infringer gained (what he or she made from your work)?
I don't make anything for the maps I took. So is this relevant?

3) the statutory amounts and attorneys fees if you registered the copyright within 90 days of publication?
I'm not particularly sure what this is but is this how they assess option 1?

So do pay the highest of the three? or all three if they are relevant.
Appreciate the advice how is this assess.

If I heard of a similar case that have settled at a lower amount, would it help me if I quote that case.

One more question: -
But why isn't it consider Fair Use?
I read the content about Fair Use in this website.
I really wonder why it is not.
Appreciate if you could elaborate.
 

BelizeBreeze

Senior Member
So what's done was done.
Really? Is this going to be your excuse when the company from whom you stole the maps sues you for copyright infringement? Good luck on that one.

But why isn't it consider Fair Use?
Because it isn't. I'm not going to indulge your fantasy of being an attorney to explain the difference between thieft and 'fair use'. You need to find that answer yourself.

Oh, and one other thing. Why don't you simply write to the holder of the copyright for their requirments on 'linking' to their map code? Seems like an easy answer since you wouldn't want anyone stealing your code either now would you.

Yahoo, mapQuest and most other online maping software have tags for code snippets that will allow 'fair use' of their product if these instructions are followed.
 

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