Irish Artist Turns Google Maps Screen Grabs Into Pricey Art

jackandtoby writes "Rappers sample prior works to turn out new tunes. This artist snatches satellite imagery of environmentally savaged sites from Google Maps to create gorgeous imagery reminiscent of Persian carpets. From the article: 'Using centuries-old patterns from Persian rug makers, with a nod to Afghan weavers who use tapestry to record vivid pictorial histories, this artist uses digital photography to create fabric that plays with fact and fiction, surveillance and invisibility. Thomas Smith reproduces classic motifs with Photoshop, at a level of detail one can only really experience in person, or (aptly for his medium) through point-and-click enlargement on his website.'"

Comments

Can't do that.

[queazocotal]

This is a derivative work, and is not permitted under the google maps terms of service.
You can do it with openstreetmap.

Re:Can't do that.

[Kjella]

I know you're trolling but...

1) I use google maps all the time and never once have I agreed to a terms of service. I've never even seen any such terms, nor been asked to agree to them.

Doesn't matter, it's copyrighted (not the subject of the photo, but the photograph of it - that's how nature photography is copyrighted). Google's terms of service grants you right beyond copyright law, if you don't accept them you don't have them - like the GPL.

2) You can make whatever you want from copyrighted works, the law only concerns itself when you try to commercially re-distribute the work.

Nope:

the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies (...)

And finally:

3) A derivative work, especially one for aritsitic purposes, is expressedly permitted under copyright law. Even a derivative work for profit!

Nothing is "expressedly permitted" as fair use, the factors will merely be taken into consideration and one is "the purpose and character of the use", where being transformative means it's more likely to be legal, merely derivative less. Also being for profit makes it less likely.

That's three for three with total drivel, well done.

Re:Nice looking but...

[Jane Q. Public]

"It's like looking at Google maps through a kaleidoscope."

For practical purposes, it IS looking at Google maps through a kaleidoscope.

I wonder where this falls in the copyright infringement / fair use spectrum.