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Follow-up: Can I use a blank outline map (borders only) made using a copyrighted map in a product that I plan to SELL?
Anonymous0 views3 answers
I am sorry, but in an earlier question, forgot to mention that I want to use the blank outline map in a product I will sell. I assume that is still OK, but I'm nervous about copyright. As I mentioned before, I want to create my own blank outline maps of U.S. states on my computer, using some copyrighted electronic maps. My map will only show the state's borders. That's it. No details or interior markings whatsoever. I just need to get the size and shape to be correct. Again, i'm sorry for the follow-up, but I'd appreciate any advice you could provide. Thanks so much. This service is wonderful, by the way.
Yes. Same answer. You can sell your blank map. ince this outline of the states isn't protectible, your version won't be either, unless you add some creativity to it, and even then, only your creative added parts would be copyrightable, not the blank outline map itself.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Your best bet is to use maps created by the US Government. In general the US government cannot copyright its own works (be careful though, the US government can purchase copyrighted works of others and retain copyright). Do a search in Google and limit the search to .gov sites, and explore. Then just check the footer and make sure the maps are free. Most are. You can also purchase royalty free images for pretty cheap at many sites, just google royalty free map.
To perhaps answer a bit more in the legal sense . . . you infringe a copyright only when you reproduce "original" works of others. If you were to purchase an ADC map and get tracing paper and trace out an outline, ADC may take the position you have infringed their map. They would in my opinion lose, however, because you have not taken anything original. This is not much different than someone taking any work in the public domain, modifying it slightly, and claiming copyright in the entire work. Their copyright extends only to the original work added. Of course, at some point, a cartographer is creating an original work of authorship, so at some point your copying would be an infringement.
If you want to be safe, always use public domain works, or royalty free images (note, you still have to pay a fee to use them, they are just not charging a per use fee).
-mike
