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Reply to "Duplication of map by another measurer"

Before we move on, let's clarify some facts.

(1) Maps are explicitly mentioned as copyright protected works by the US copyright office under US Code Title 17. Visit DeLorme, Rand McNally, or Google Earth and you will see that these map authors will vigorously defend their copyright. Generally, Fair Use of the facts presented in those maps is permitted, but outright plagiarism is not.

What is important to keep in mind here (and James is correct in this regard) is that facts, ideas, and concepts can not be copyrighted.

But it is well established that the original expression of facts, ideas, and or concepts is what the copyright law is intended to protect. A Logan Burgess map, for example, is very much an original expression of the course as he envisions it. Hence, it is very much subject to copyright protection.

(2) When, in the course of our employment, we create a map, book, or patent, ownership of that work is assumed to be held by the employer (James is correct about that). However, We are not talking about an employee-employer relationship in most cases. Usually the measurer is not an employee of any race event. He is an independent contractor. Ownership of the intellectual property created by an independent contractor remains with the independent contractor unless explicitly forfeited.

JJ
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