Legality of using book covers from Google Books API on a website Under US copyright law, is it legal to download images of book covers from the Google Books API and display them on my website? The purpose pertains to obtaining product images for an online store that specializes in second-hand book sales.
Not necessarily, but also possibly. Google Books may (or may not) have a license to distribute images of the book covers in question. This license would be between Google and the owner of the copyright of the book cover. Just because Google has a license to distribute the image of the book cover to you does not mean that you have a license to distribute the image of the book cover to your customers. However, depending on jurisdiction, using the book cover to identify a book might also be legal under relevant fair use statutes. It is also possible that the particular book cover is not protected by copyright. For example, a particular book cover might have entered public domain. If this question is not a hypothetical, you should probably consult a lawyer.
You cannot create derivative works without permission of the copyright holder (even if you create it and keep it to yourself). Further, you cannot distribute derivative works without permission of the copyright holder. That's a general principle that always applies. Since there is a license, you need to read that license carefully and determine under which conditions you have permission to create derivative works, and to distribute them. Your book would be considered a derivative work. In some situations, like commenting on a work, parody and some others, you would have a defense if you are quoting tiny parts of the work. But generally, if you find it unfair that your 200 page needs to be licensed because you used two pages from an open source source, you either do without those two pages, or you find the author and ask for permission under a different license. Note that facts are not copyrightable. So if the wikipedia page contains facts and isn't just made up, you can read it ten times, memorise all the facts, and maybe tell the facts to someone who you pay to write a similar article.
THE FOLLOWING OPINION IS NOT LEGAL ADVICE Based on your screenshot and description, I don't see anything infringing. If the data you are using is from your own sources, and what you show is not a scan or photo of their guide, and your layout is thus unique in specifics (not a direct copy), it wouldn't be an "infringement" as far as copyright law is concerned. Things you cannot copyright: A font (except as a computer font file but not as used in a document). A concept (a main issue here). A idea for a "way" or "order" to display data. Mere data or facts can not be copyrighted nor can ideas. Anything sourced from the US government (trail data, topos, etc.) Something not in printed, physical, or recorded form. That is, the copyright only extends to those things as they are realized in print, or as a recording for audio or video, or a physical statute, etc. A live performance is not copyrightable for instance, nor are ideas. The Law: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. For instance, an icon of a TENT is the common form (like a font) of indicating a camp ground. They may be able to copyright the specific instance of their tent icon, but they cannot prevent you from using some other triangle to represent a tent for a campground. And in facts yours is completely different. Displaying data a particular "way" like 1e for 1 mile east is not copyrightable when it is common for the type of guide. It's just data. CONCEPTS AND DATA ARE NOT COPYRIGHTABLE, only the ACTUAL specific page or work in total as rendered. More below, but your page seems totally different. OTHER FORMS OF IP PROTECTION Now, just because some intellectual property can't be protected by copyright, does not mean it is a free-for-all. For instance, a "way" of doing something can be PATENTED (process patent). And "ornamental design" can be given a design patent. A logo or brand name can be given a trademark. Here's an interesting court ruling on the subject of data display. Basically it can't be an abstraction/concept. It has to be in a definable, physical, novel form. NOTE: it has been possible to copyright a "look and feel" but that applies to software, not static printed media. And the courts have been reversing on that a lot as time goes on. BUT WAIT...THERE'S MORE So, I am going to GUESS that you are talking about AT Guide by David Miller? It's pretty rich of him to claim copyright over the "manner of the display of data" when APPARENTLY he is using concepts of data display as described by EDWARD TUFT So, LOL. Is this the guide they claim you are "copying"?? THESE AREN'T THE ICONS YOU'RE LOOKING FOR Okay, so let's go one by one and their claims against you: 1. The way of representing distances between shelters "The Way" of presenting something is not copyrightable, only an expressive or final form. Some forms of "organization or selection" that may make a work in total copyrightable, but not on their own in isolation. 2. The sideways orientation of the elevation profile Presenting some elements "sideways" is not copyrightable (WTF LOL OMG RUS) the same as number 1. Turning an element sideways does not, on it's own, rise to the level of "creative or non-obvious." 3. The icons Your icons are completely different. If you copied and used his ACTUAL icons, you might have had some issue, but your icons are not even remotely the same. Using icons to indicate services or features is COMMON. Not copyrightable. http://www.dmlp.org/legal-guide/works-not-covered-copyright In general, copyright does not protect individual words, short phrases, and slogans; familiar symbols or designs; or mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents. (However, copyright protection may be available, if the artwork of the symbol or design contains sufficient creativity.) 4. The convention of representing direction/distance for waypoints. Again, "The Way" of doing something is not copyrightable, nor is data or facts. 1.1E or 2.3NW are common are they not? I've seen similar treatments elsewhere. It's "obvious and not novel." FINAL FORM, EXPRESSIVE FORM is copyrightable NOT FORMATTING CONCEPTS. Basically, he is saying something along the lines of "I'm formatting paragraphs with a double space, so you can't." The "actual" icon drawings he used are copyrightable. Your icons are clearly different. I assume your mountain-top profile line is taken from some publicly available survey source? So long as you never used a scan of the actual line he uses (and even then?), because he cannot copyright the mountain top profiles themselves! DOES HE EVEN HAVE A VALID COPYRIGHT? For that question, I'd say yes with limitations. His work is a compilation of data. Data can not be copyrighted, but the unique arrangement can in context of the work in total. These three conditions must ALL be present (from http://www.rbs2.com/ccompile.pdf): The collection and assembly of pre-existing material, facts, or data. The selection, coordination, or arrangement of those materials The creation, by virtue of the particular selection, coordination, or arrangement of an original work of authorship. So It seem to be that his guide meets these, but his copyright is for his work in total. You are NOT using his data. You are using your OWN data. Based on my reading of Key vs Chinatown Today you are not even close to infringing. You are doing your OWN selection, and your OWN arrangement. It does not matter that you may be using some similar typographic or charting conventions. Those cannot be copyrighted. You are doing your own thing, and "similarity is not infringement." SEARCH AND YOU WILL FIND On the subject of the copyright, here's the copyright on AT guide: https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?Search_Arg=A.T.+Guide&amp;Search_Code=TALL&amp;PID=FgMjtJ244OxoFULrVoob_CEI8bc_M&amp;SEQ=20190506230418&amp;CNT=25&amp;HIST=1 If the link doesn't work due to expiration or a cookie, it should look like this: It's a matter of using the USPTO search engine "its way" — it's not Google and requires specific search strings. Looks like the assignee or owner is https://antigravitygear.com ? Did THEY contact you or David Miller? Or did they claim to be an attorney? I'd love to see the email. Attorneys don't email dunning letters, by the way (though they may if it was a DMCA takedown request I suppose, but I still doubt it.) If it was an attorney it would be via US mail on attorney letterhead. To the best of my knowledge, you can't file proof of service on an email, it has to be USPS or trackable. This means the guy that made the other PDF is annoyed or whatever. If he claimed to be an attorney, that's VERY illegal if he's not. And one final note: Just being non-profit does not absolve you of copyright infringement. But as I said, I see no infringement here. The other answer that asserted these are covered under "works of art" is not withstanding. There is nothing "expressive" about Miller's guide. Also that other answer cited a source for AUSTRALIAN law, not US. Mere typographic elements do not rise to "an expressive work of art". A mountain profile that is nothing but a illustrative line based on data also does not.
A translation is a devivative work - the copyright owner has the exclusive right to these So, yes, translation is prima facie copyright infringement. Strictly speaking, if you translate it, it's a derivative work because you exercised creativity in making the translation; what Google translate does is not a derivative work, it's a copy because there is no creativity. Either way, only the copyright owner can do (or authorise) this. Whether it's legal or not depends on if what you are doing falls within one of the exceptions to the applicable copyright law such as fair use or fair dealing. Attributing the original author does not, of itself, allow translation. Additionally, I'm not able to find the copyright documentation for the site link I provided above. What is "copyright documentation"? Copyright exists the moment a work is created and no further documentation is required. Essentially, I could translate the whole documentation by myself to avoid this problem. No, you can't - see above. If copy-pasting the google translate is illegal, then exactly how much must I edit, move around sentences, change words, and such until the text is no longer plagiarized? All of it. If you were, based on your own knowledge of the software, to write a manual without any copying o the existing manual, that would not be copyright infringement. Is this plagiarism or copyright infringement? It's copyright infringement - plagiarism is an academic misconduct issue not a legal one. where can I check the copyright for the above link? The site you linked has "Copyright © 2020 Acquia, Inc. All Rights Reserved" in the bottom left corner which identifies the copyright holder, the date and prohibits all copying ("all rights reserved"). This isn't necessary but it is helpful. If you really want to do this, contact Acquia, Inc and ask for permission.
You cannot safely rely on the US doctrine of Fair Use, except if the rights-holder sues you in US courts. In France, there are limited exceptions to the authors proprietary rights. Under Art. L-122-5, there are some relevant potential exceptions: 3ºa) analyses and short quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated... 4º. parody, pastiche and caricature, observing the rules of the genre. Your description of the intended use does not fit these criteria. Consulting with a copyright attorney is advised, if you don't want to obtain a license.
You seem to assume that copyrights require paperwork such as registration. This is wrong, copyright is automatic. And it prevents the downloader from making the sort of change that you suggest. In fact, it prevents the downloader from using your template at all. The only reason the downloader can use that template is because you've granted him a specific license to ignore some copyright rules, but the default remains. And you did not grant the right to alter the template to free users.
The book teaches you how to draw horses. Once you learned how to do it, and you draw a really nice horse, you have drawn it yourself. You have the copyright. You use it any way you like. Of course it's different if instead of drawing the horse yourself you just make a copy of an image in the book. That would be the author's copyrighted drawing. Added since the question reappeared: One way to learn drawing horses is to start by making copies by hand of others' good drawings, practicing, practicing more, until eventually you can draw your own horses, which was the purpose of the book. So these copies made as part of the learning process might be treated differently. And the might not actually be copies, just your best attempt at making a copy. On the other hand, taking this book, making ten copies using a scanner, framing and selling them, is obvious copyright infringement.
YES, if you can get an image of it, you can use it A work that old is not under copyright protection in any country in the world. Under US law any work published in 1924 or before (as of 2019) is in the public domain. Unpublished works may be protected for up to 120 years after creation under US law. But no work that is over 600 years old has any copyright protection. In any case, merely owning the physical work does not mean owning the copyright. In the case of a work sufficiently recent that it is under copyright, say from the 1970s, the copyright initially belongs to the artist. If the artist sells or gives the painting to a museum (or anyone else), the artist retains the copyright unless that is explicitly included in the deal, in a written agreement. If the artist dies, the copyright is inherited, just as any other property that the artist leaves, as directed by will or law. If a museum owns a painting that is out of copyright, it can restrict access to it and prevent people from photographing or copying it, because it can restrict what people do on its property. But if an exact copy (known as a "slavish copy") gets out, the museum has no copyright in it, because making a slavish copy does not create an original, copyrightable work under US law. See the case of Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999) and Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991) The law may be different in non-US countries, but the reasoning of the Bridgeman case has bene followed elsewhere. A "slavish" copy is one that attempts to reproduce the original as exactly as possible, without adding or removing or changing anything. A photo of a painting in a frame on a stand with people standing beside it is not a slavish copy. The images of art one sees in books on art are usually slavish copies. So are the images one sees on museum web sites, as a rule. The term implies that the copyist had no more freedom than a slave in making the copy. At least that is the metaphor. Slavish copies do not get separate copyrights because they are not original works. Photos of 3D works such as sculptures require choice of angle, lighting, etc, sufficient t make them original works -- no two photographers will produce quite the same image of a sculpture. But some courts have ruled that wire-frame models of 3D works of art are slavish copies and not protected by copyright.