Loss Prevention Alerts

Loss Prevention Alert No 41

Use of Google Earth Images in Reports

This loss prevention alert has been produced by the Loss Prevention Working Group (LPWG) of the AGS.  It highlights issues that the LPWG considers may be of relevance to members.  It is not intended to provide a definitive response to any issues and before taking action members should consider carefully whether they need to seek independent legal advice.

Introduction

It has come to the attention of the AGS that some members may be including Google Earth images in their reports to clients.  A query has been raised as to whether such use constitutes a breach of copyright and this LPA seeks to address that question.

When downloading and using the free Google Earth software you are asked to agree to Google’s Terms of Use which encompass a set of “Universal Terms”, applicable to all Google applications, and a set of “Additional Terms” specific to Google Earth and Google Maps.

The Universal terms state that users “May not … sell, distribute … this Content unless you have been specifically told that you may do so by Google.”

The Additional Terms state:  “Unless you have received prior written authorisation from Google … you must not:
            …

2. copy … the Content or any part thereof
3. … publish, sell, or otherwise make the Content available to third parties.”

As well as the above-mentioned terms and conditions, the concept of ‘fair use’ applies.  This may allow, for example, the use of an image as part of a school project.  However, it is unlikely that this concept will assist AGS members who are including Google Earth images as part of a service for which they are charging their client a fee, such as the production of a report.

The Google Earth website states that in certain circumstances, Google may grant a further license to use the content in a manner not covered by the Terms of Use.   Such a license can be applied for using the Permissions Request Form, found at:

http://services.google.com/permissions/geoapplication  

In practice, however, it is likely that members wishing to make use of Google Earth images as part of their services to their clients will need to purchase ‘Google Earth Pro’ which specifically allows information to be shared with clients and the imagery to be used in reports to them.

Once you have obtained the necessary permission and when using Google Earth images in your reports, the copyright attribution must appear clearly on the images used.   See http://www.google.com/permissions/geoguidelines.html for more information.     
 
If members require advice about use of images for other purposes (i.e. other than in their reports) they should contact Google for further guidance.   Members should be aware that when receiving reports from suppliers which include Google Earth images, they should check that the supplier has received the necessary licence.

Use of images from sources other than Google Earth, for example www.multimap.com, may also give rise to copyright issues. Whilst the law surrounding the infringement of copyright on the internet is complex, logistically difficult to ‘police’ and, in some cases, quite ill-defined, it is clear that the implied licence to use images from a website in other forms than mere viewing them on screen, may risk infringement.  Consequently, as a matter of best practice and in order to prevent running the risk of legal action by the copyright holder, it is recommended that appropriate permission should be sought before using any images sourced from the internet (and indeed elsewhere) within the services you provide.

This Loss Prevention Alert is, of necessity, generic and is not intended to be a complete or comprehensive statement of the law, nor does it constitute legal or specialist advice.  It is intended only to highlight issues that may be of interest to AGS members.  Neither the writer, nor AGS, assumes any responsibility for any loss which may arise from accessing, or reliance on the material and disclaims all liability accordingly.  Professional advice should be taken before applying the content of the alert to particular circumstances.

Further information and advice is available through the AGS Legal Helpline.

Prepared for the Members of the AGS by Zita Mansi and James Reid, BLM.