Geographic Information Systems: An Introduction, 3rd Edition

20.1 Ownership and Copyright

The use of geographical data often raises the question of ownership. A country's laws and statutes usually regulate claims to owning intellectual property. Intellectual productions is a useful term for devices whose value is not based on the ownership of a physical article. Those who can claim ownership may also regulate its use through pricing mechanisms and general licensing terms.

The legal status of geographical information is not always clear. If it fulfills the requirements of national law, it can be protected by copyright law. It can also be protected under national legislation on such issues as database protection and unfair competition. Where the data are procured in full by private firms, companies, or individuals, there would normally be no doubt that ownership belongs to those who procured the data. In most cases, however, computerized maps and registers have been partially or completely generated in the public sector. The question of ownership then depends on whether public officials regard geographical data as belonging in the public domain or as a product protected under copyright law. The ownership situation becomes even more complex in view of the fact that a number of private companies now process data from public sources, with the addition of their own data, with the object of increasing the commercial resale value.

The Bern Convention of 1951, which specified common international regulations for the protection of copyright, can be ...