Fair use. They are not copying your program or making that program available to the public which would be a clear case of copyright infringement, instead they used an image if a us map which was generated by your program which they have purchased a license for. IMHO, this is what I would consider a clear case of "fair use". Regardless of the license agreement, a fair use defense will not be voided. I also don't see enough creative input on the US map to have a valid copyright on the image of it.
Fair Use, does that not apply for purposes such as criticism, comment, news reporting, teaching? If used for commercial purposes, is that also “Fair Use”?
Rightly so the map itself, as a stand alone item, may not stand the test of copyrightable material. There is however, considerably creative input in the software that uses the map, and it is the output which is uniquely my intellectual property, and should bear my copyright.
I found your image in a book called WNAX 570 Radio. This was published by Arcadia on April 26, 2006. If they have been publishing your intellectual property without your knowledge / permission, there could be a million books with your work (based on 250 new books a year -maybe 1,000 books per run X 4 years - just a guess). Is YOUR search map applicaton worth a nickel, a dime, or a quarter per book? Has a publisher had to recall books in the past due to a similar situation??? Call your Attorney
Have you had any luck with them? It is sad that a book publishing company would lift someone elses work.
lostinushistory 1 year ago
Fair use. They are not copying your program or making that program available to the public which would be a clear case of copyright infringement, instead they used an image if a us map which was generated by your program which they have purchased a license for. IMHO, this is what I would consider a clear case of "fair use". Regardless of the license agreement, a fair use defense will not be voided. I also don't see enough creative input on the US map to have a valid copyright on the image of it.
FrankieArts 1 year ago
Fair Use, does that not apply for purposes such as criticism, comment, news reporting, teaching? If used for commercial purposes, is that also “Fair Use”?
Rightly so the map itself, as a stand alone item, may not stand the test of copyrightable material. There is however, considerably creative input in the software that uses the map, and it is the output which is uniquely my intellectual property, and should bear my copyright.
courtofopinion 1 year ago
I found your image in a book called WNAX 570 Radio. This was published by Arcadia on April 26, 2006. If they have been publishing your intellectual property without your knowledge / permission, there could be a million books with your work (based on 250 new books a year -maybe 1,000 books per run X 4 years - just a guess). Is YOUR search map applicaton worth a nickel, a dime, or a quarter per book? Has a publisher had to recall books in the past due to a similar situation??? Call your Attorney
lostinushistory 1 year ago
Comment removed
ToddUpstateNY 1 year ago 2
Comment removed
ToddUpstateNY 1 year ago