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I used Satellite Imagery from Bing Maps to create 3D models. These 3D models will be shown inside of a YouTube video (which is commercial use?). So there's a couple "layers" there: I'm using satellite imagery, on a 3D model, rendered inside 3D software, which then has after effects, which is then inside of a public YouTube video.

For Example:

enter image description here

I did not create that, credit for that goes to cgtrader creator 3d-apxumekmop, but it looks like that. This is just an example to give you an idea.

Which applies to me?

  1. I do not have to give credit / do anything extra, because Facts cannot be copyrighted. 17 USC 102 (b), and Earth's surface is a fact.
  2. I do not have to give credit, because it falls under Fair Use doctrine.
  3. I need to give credit to Bing Maps, and may do so in the video description.
  4. I need to include the Bing Logo in the corner of the video as 3D models that show as described in the Bing Maps Broadcast Media & Entertainment Use Terms of Use. And if that's the case, then I have a few more questions about the legalese under 4. Content Attribution Requirements:

You must display the Bing logo with the service at all time.

Assuming that the imagery is on the screen... correct? The imagery is only on screen for 5% of the video, and I do not want to have to display a Bing logo for the entire video.

You may not remove any search box, portion of the results, or advertisement.

That does not apply to me. Does this imply that what I am doing is somehow illegal or outside the terms of use?

And if that's the case, then I have more question. That image above comes from a 3D asset for sale on cgtrader. I am not certain, but I'm 90% sure it looks like Bing Maps imagery (namely based off where satellite images in the ocean change color). In any case, if the answer is #4, how is that legal? Another example: how is this YouTube video legal considering he did not give GoogleMaps credit during this part of the video?

IMPORTANT UPDATE

It would appear that Bing Maps uses USGS!

And I can use USGC Imagery.

Am I good to go now? I should I go back and get satellite images from USGS (even if I can confirm that they are exactly the same...?)

Edit 2: Okay, it looks like it depends on the where the images are taken. So I would need to see where the images come from (for example Vexcel Imaging or Earthstar Geographics SIO), and then see what's legal and what's not...? And maybe just replace my current satellite imagery with USGS imagery? Or are those companies using USGS? Also, I cannot tell what images are "Restricted Imagery and Datasets" inside of USGS. The rabbit hole goes deeper. I might have an answer soon enough.

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