About using google maps

Question

In the terms established by the usage of Google:

3.2.1 General Restrictions. Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code (except to the extent such restriction is expressly prohibited by applicable law)

And regarding maps under the paragraph of Prohibited Conduct:

Copy the content (unless you are otherwise permitted to do so by the Using Google Maps, Google Earth, and Street View permissions page or applicable intellectual property law, including "fair use").

What determines then the limits of 'fair use'?

Is it possible to make a whole world map inspired by the photographics provided by google maps without actually using them by taking them?

Answer 1

What determines then the limits of 'fair use'?

The limits of fair use are ultimately determined by a court. There is no clear, bight-line rule on what is and what is not fair use. This is by design, the concept is intended to be flexible and to respond to individual circumstances. See threads under the fair-use tag here on Law.SE.

Note that fair use is a strictly US legal concept. Other countries have other exceptions to copyright, which will overlap with fair use to some extent, but are typically narrower and more specific than the US concept of fair use.

Is it possible to make a whole world map inspired by the photographics provided by google maps without actually using them by taking them?

That depends very much on what is meant by "inspired by". The photographs provided by Google Maps (both satellite and street level) are protected by copyright, and may not be used or copied without permission except as fair use or another exception to copyright permits. Redrawing a may is a way of making a derivative work, and requires permission. I am not sure just how one could be "inspired by" a photo without copying it that would lad to a map. Copying includes tracing and copying by eye as well as electronic copying.