judicial situation using "bing maps" bird eye view images

[max.m]

hi there, has anyone knowledge about the judicial situation, when you want to use a "bing maps" bird eye view image.

i need it for a photo composition of a housing project. the client wants to use the image then for folders, newspaper advertisements, etc. to promote the project.

could i get any problems with microsoft if i use the image?

Edited January 25, 2010 by max.m

[Frosty]

Good Question! My answer is - likely. Good idea to read the user agreements on their site. I would also consult a lawyer on this as the client is likely to try and place all liability on YOU.

[max.m]

i checked this before i posted. there`s a lot of bla-bla for sure, but they don`t mention the usagge of the images.

contacted the local representatives and wait for a reply.

will post further information.

Edited January 26, 2010 by max.m

[BrianKitts]

In the terms of use writeup there's a link to Microsoft's page where it covers the use of their copyrighted content. the following tells you the steps you'll need to take to get the licensing you require.

 

http://www.microsoft.com/maps/product/licensing.aspx

 

Keep us posted on how your search goes, I'm curious to what the fee for licensing the imagery is versus hiring an aerial photographer for the project (which would also give you better resolution imagery)

[jinsley]

Found this on the website. I think you are interested in the last sentence... sounds like personal use is ok, but anything commercial would have to have written permission from Microsoft.

 

PERSONAL AND NON-COMMERCIAL USE LIMITATION.

 

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

 

 

 

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.

 

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Microsoft.com Web site or any other Microsoft owned, operated, licensed or controlled site. Elements of Microsoft Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Microsoft Web site may be copied or retransmitted unless expressly permitted by Microsoft.

[Ernest Burden III]

Microsoft and Google have certainly made finding these images easy, all correctly geo-positioned and blended. But neither of them fly their own satellites, as far as I know (but its only a matter of time). They often are using images from public data. Some may have come from owners of private satellites.

 

The same images used in Google Earth can be found in government GIS collections, usually in "MrSid" format, there is a free converter. But you have to slog through a mountain of stuff to find them among numerous obscure formats. But the images are public.

 

If the images were licenced from a private company, it probably says the source somewhere in fine print on the image. You could contact that company for rights. Make your client pay for it.

[quizzy]

these images are licensed by Microsoft from the Blom group in Denmark. If you ask Microsoft if you can use them, they say they have a license agreement with Blom.. If you ask Blom to use them they say they have a license agreement with Microsoft. So thats a nice circle.... Thisi is from my own personal experience btw.

Microsoft is very copyright sensitive about this material. So my advice is not to derive anything from it.

 

edit: EB3, these images are not taken with a satelite Perspective corrected push-broom photography they call it if i'm not mistaken.

[WAcky]

When I used some google images last year I read their terms which basically boil down to saying that you can view them but thats about it. I contacted them and they replied telling me that different areas of the world's maps are owned by different compaines. I then talked to the relevant company who gave me a quote for a high-res format of the image.

 

With google at least you can see who owns the images as its written in small text in the bottom right of the image.

[Ernest Burden III]

edit: EB3, these images are not taken with a satelite Perspective corrected push-broom photography they call it if i'm not mistaken.

 

Ah, yes. Of course. I didn't stop long enough to note that the image was an aerial shot and not satellite. That does complicate things as its likely NOT government owned. Also, there are beginning to be private players in imaging from orbit, so this situation will only increase in frequency for us. There's nothing wrong with paying to use an image that helps us, I just wish it was easier to know how to proceed and what to expect on cost.

[max.m]

i contacted the local city planning authority in graz-austria to ask if they have some bird eye view images of the area which i am interrested in.

they told me that they made the shots in a cooperation with microsoft photogrammertrie. (this was the former company "vertex" in graz, who developed the tecnology for the perspective corrected photographys for the bing maps bird eye views)

he told me further that they had planned to sell the images, but they stopped this plan as the administrative costs would have made it unprofitable.

they said that now the images can be used for free, but the indication of source has to be on final images.(bird eye view - bing maps)

i contacted also microsoft photogrammetrie, to get a written permission, but didn`t get feedback until now.

will post further info.

Edited January 28, 2010 by max.m

[quizzy]

http://www.blompictometry.com/index.html