prohibited: getting knowledge from GoogleEarth photos/videos, and use it for own map?

Question

Is it prohibited to use knowledge you get from proprietary images or videos? Example: I found a geotagged photo (ponramio) in Google Earth with a well on it. So I know: "Ah, there is a well where I can get water!". Can I use that knowledge to mark that well on my map? ...

Answer 1

I'm no lawyer, but unless your usage of the information falls under fair use (the definition of which varies by country), you need to get permission from the copyright holder. The Panoramio TOS (Terms of Service) redirects to the Google TOS, which state:

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law.

Additionally the Panoramio help section on copyright has the following information:

To use, copy, print, or download a photo from Panoramio, you must get explicit permission from the photographer.

and

You can not use the photos for any commercial or business purpose other than with the explicit permission of the photographer.