I think the answer depends on 1) what quality/style image you want to use and 2) how you plan to use it. The fair use question definitely hinges on the latter.
If you want a map to show people the route of the JRK canal you can scan/download the relevant section of a map of Virginia and have someone with access to either Illustrator or PhotoShop add the route of the canal to the image using the maps you like as a template. If you have the patience you can do it yourself using the Draw tools on PowerPoint or MS Paint. You can take your Official Military Atlas to a Kinko's or graphics service bureau and they can scan the map you want.
If you want a period illustration as more of a design element than a map of the route.
There is also this image at Library of Congress
http://memory.loc.gov/cgi-bin/query/h?ammem/gmd:@field(NUMBER+@band(gvhs01+vhs00369))
Fair Use http://en.wikipedia.org/wiki/Fair_use
There was a very strong defense of Fair Use made in a trial court in NV this week which is distilled here http://www.editorsweblog.org/newsrooms_and_journalism/2011/06/copyrighted_material_fair_and_unfair_use.php
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From: John Smith at dhova <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, June 21, 2011 2:14 PM
Subject: [VA-HIST] Canals, Copyrights and Public Documents
Thank you all who pointed me toward info on the James River Kanawha Canal. I got some great contacts, and found a 2009 book that had exactly the information that I wanted about the locks, the route and such. I have started writing up a little article on our experience on the Kennet & Avon Canal as it related to the JRK Canal of 150 years ago. But as usual, that brings up several other questions.
1-A copyright free map of the JRK Canal. The only one that I can find is an 1863 sketch. I have plumbed the riches of the Library of Congress and Library of Virginia and Virginia Historical Society and cannot find one. There is a map in the Official Military Atlas of the Civil War that I would like to use, but cannot find a digital copy anywhere. I have a BIG book with maps in it, but the book is copyright -- all rights reserved. Google Maps is outstanding, but forget using any of those. I thought I had a chance when I downloaded a copy of SMART DRAW, but in reading the fine print, and then following up with a question, I found out those maps are all copyrighted. Which brings me to my second question.
2-The people's right to historical documents. There are no doubt copies of JRK canal maps around somewhere, and I found an 1880 UK Ordanace Survey map of the K&E canal on the UK History website. But when I asked for permission to use it, was told that a private firm held the copyright. I do not understand how a public record can be un-publicked.
3-Finally -- and not trying to turn VA_Hist into a legal forum -- what in the world is "fair use?"
Meanwhile, I continue to work on an article, making extensive use of photographs that my friend Paul took on our canal trip. My camera fell into the canal, so it is great that he was shooting pics. I hope to have something complete by this time next month.
Randy Cabell
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