Photogrammetry and Niantic

GrogyanGrogyan ✭✭✭✭
edited July 25 in App Feedback

With the last couple of updates for Ingress, and Pgo to get players to scan public art. I have a few serious questions @NianticBrian that i'd like more information on please?

I am far from a legal expert in this area.


1) As Pgo and Ingress players are scanning public art, into a short video clip, these can contain faces, and number plates which are cause for concern about what Niantic does with this information that we provide in the video clip, as it is a privacy concern?


2) International copyright of the 3D aspect of public art. Many places in the world have copyright laws where the 3D aspect of an object needs to have individual copyright consent to be used in a commercial product.

For example, in New Zealand, the Koru is synonymous with New Zealand, and is held under copyright in its use. And is also trademarked in many art pieces as well.

For example, the Hollywood sign, in LA, is trademarked, and cannot be used in a commercial product without prior consent


Where does Niantic stand in compliance?


3) I believe it is fair to request to know more, on how the scanning data will be used in NRWP? I can find no declaration of this

Comments

  • mortuusmortuus ✭✭✭✭✭

    I believe it says when scanning that faces and license plates gets blurred once sent in.... the other is interesting, u should not scan copyrighted or forbidden portals ofcourse....

  • GrogyanGrogyan ✭✭✭✭

    How would a player know that they shouldn't be scanning a portal that needs to have written permission?

    Especially a tourist that that doesn't know?

  • mortuusmortuus ✭✭✭✭✭
    edited August 2

    I dont know....not sure whos responsibility it is, the maker of the game or the user here?...... if a portal is accepted but has copyright laws against taking photo then who did wrong, niantic or the user? confusing....

  • RostwoldRostwold ✭✭✭✭
    edited August 2

    I'm something of an expert in this area as I've been campaigning for reform of copyright and related rights for years.

    Basically, the legal status of all this varies wildly in different jurisdictions. Some countries operate on the basis that if you're in public, then the public can see and photograph you. Others have a right to privacy wherever you reasonably believe you are in private (for example in the UK speed cameras no longer take photos of the driver's face, they now photograph cars from behind as as the driver has a reasonable expectation of privacy). In some countries copyright is automatically granted whenever you create an artistic work, in others it must be registered. In some countries there is a 'right of panorama', in others buildings can't even be photographed for commercial reasons without permission. Some countries make distinctions between commercial and non commercial uses, other don't.

    Basically, it's a huge mess, and a stack of lawsuits waiting to happen, once the collecting societies realise Niantic are exploiting works created by their members.

    Practically, there's no way the public can be expected to know that, for example, they shouldn't upvote any photos of the Eiffel Tower at night because the light show is copyrighted and Niantic might not have the required licence from the Société d'Exploitation de la Tour Eiffel, so liability is likely to rest with Niantic for encouraging activities that might have legal implications.

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