Taswegian,
taswegian wrote:The name had to derive somewhere. The Nomenclature board here seems to control those matters. It would be an interesting debate if it took place.
We have something similar in NSW for geographical names. There's a statutory procedure for naming stuff at the state level.
You can't give a thing a public name and then expect to be able to prevent the public from using it, and that's all copyright is. If geographical place names could be copyrighted, it would be possible that someone could charge you a fee every time you used your home address.
taswegian wrote:Place names in the private domain are subject to legalities.
Black Stump is a common Aussie generic name. I know one local business here that had that name for yonks, but a business expansion triggered a legal spat with a place on the mainland.
Those are business names, and business names aren't place names, and are regulated by the commonwealth. The relevant right is not copyright, but trademark - which is the right to be uniquely named. The intent of trademark is to prevent others passing-off their goods as yours. Pepsi, for example, can (rightly) stop me from putting the name "Pepsi" on a carbonated drink, but they can't stop me saying the word "Pepsi" to refer to their company or product. Interestingly, they also can't stop me starting up (say) the Pepsi Car Wash, because there's no likelihood that people would confuse a car wash and a soft drink.
These days maps are derived from GIS and stored in layers, where each feature is a vector and each vector is (usually) tagged with metadata about the provenance of the data (who created it, how, how reliable is it, etc.) That stuff is mashed up to produce a printable map.
In my opinion names are not the interesting issue as far as getting geographical data into the public domain. The interesting questions arise from things like tracks, rivers and cliff lines.
I have already written up why I think tracks *are* subject to copyright (
http://bit.ly/WorJcx) but that the authors (and hence the copyright owners) are the people who made the track, not the mapping authority. People should be *very* careful what they sign when a mapping authority takes data from them ... they should not assign an exclusive license, for example ... there's no good reason for doing so. Meanwhile, if each person who walked a track put the GPX into OSM, we'd pretty quickly have all the data.
Water features like rivers and creeks are a different matter: in the old days they were derived from stereographic aerial photographs. These days they are derived from DEM data + hydrological software. It is possible to generate these without copying from a map using open data (the DEM) and software. Roads, too, should be able to be generated by software from aerial photos.
Finally, Cliffs are features which bushwalkers really care about. Cliffs are, again, mostly derived from someone sitting down with an aerial photograph and recording what they see. That data/layer *is* copyrightable. There's no doubt someone had to do something creative to get data on where cliffs are. The
http://wikimapia.org system provides a facility to record this kind of judgement/creative-act in an open way. DEM+aerial-photo+software might be able to assist.
The bottom line here, though, is that something like OSM can do a lot better in producing maps than the mapping authorities have been able to do, especially for bushwalkers. Have a look at the difference in detail between the track as recorded on the topos (black dashed line) and the track as walked (green line,) and particularly see how the official track leads you straight off a cliff (red coloured background + contours.)
We have the tools to do a lot better.
