[OSM-legal-talk] Fwd: Copyright question

[Richard Fairhurst]

This is my correspondence with the Patent Office, provoked by recent  
discussions on the OSM lists - may be interesting to others.

Richard

=====quote starts=====

Dear Richard

Thank you for your e-mail regarding copyright.  Unfortunately I am
unable to provide you with any legal advice, however I hope the
following is of assistance.

Apologies if we have confused you with our reply to your query.
Unfortunately, copyright legislation is complex and we can rarely give
definitive answers, with the majority of cases the burden of proof
regarding the copyright ability of a work would fall to the copyright
owner.

As you say the street directions you intend creating may fall into the
category of a 'literary' work, however, to afford copyright protection
you must prove originality.  Various court cases has concluded that for
a work to be original the author must prove sufficient skill and labour
in creating the work.

It may be difficult to prove originality if you just for instance state
a street name, turn right into street A turn left .. etc.  However, if
you write you directions in a more creative manor e.g. Street name, turn
right into street A  which has wide pavements and a tree lined walkway
(or whatever) you may be able show evidence of original creativity.  As
I said the burden of proof would fall to the perceived rights holder and
ultimately it would be up the courts to decide.

As you mention in your original mail, it can be difficult to obtain
copyright in mere fact, but the expression of those facts i.e. the
creativity of the author in producing the work may gain sufficient skill
and labour to prove originality.

For further information regarding copyright issues you may wish to
visit the following websites:

www.patent.gov.uk

www.intellectual-property.gov.uk

Regards

Michele Hambridge

While we take every reasonable care in the provision of information and
advice, we do not guarantee its accuracy nor accept any responsibility
for errors or omissions or their consequences.


>>> Richard Fairhurst <richard at systemeD.net> 28/06/2006 14:28 >>>
Hello Richard,

Many thanks for your reply.

On reference to the first link, though, I am still a little confused.

Since the type of list which I mentioned is clearly not a dramatic,
musical, or artistic work, a published edition, a sound recording, a
film or a broadcast (!), the only possibility is an "original literary
work".

If I am merely copying down street names, and where they start or end,
it doesn't seem to be to be "original" - even in the "selection and
arrangement of the [database] contents". Therefore it would seem to me
not to be copyrightable (except by database right).

Could you clarify?

Thanks again for your time.

Best wishes,
Richard Fairhurst

(for your reference: I originally wrote "If I make a list of street
names in a town, and write down where each street goes to and from, is
this copyrightable?")




Quoting CentralEnquiries CentralEnquiries
<CentralEnquiries at patent.gov.uk>:

> Dear Mr Fairhurst
>
> Thank you for your email dated 28 June 2006
>
> There is no form of work that is excluded from copyright protection.
>
> Copyright protection is automatic. These rights start as soon as the
> material is recorded in writing or any other way. There is no official
> register, no forms to fill in and no fees to pay. The following link
> provides some useful information regarding "What is protected by
> copyright" -
> http://www.intellectual-property.gov.uk/std/faq/copyright/ 
> what_protected.htm
>
>
> Copyright owners generally have the right to authorise or prohibit use
> in a number of ways, such as making copies and issuing copies to the
> public. Further information regarding the rights of copyright holders
> can be found at
> http://www.intellectual-property.gov.uk/std/faq/copyright/ 
> econ_rights.htm
>
>
> For more useful information please visit the following link.
> http://www.intellectual-property.gov.uk/std/faq/copyright/index.htm
>
> Please see the following website for how to protect your copyright work
> http://www.intellectual-property.gov.uk/std/faq/copyright/ 
> protect_rights.htm
> .
>
> I hope this helps with your enquiry.
>
> Yours Sincerely
> Richard Pryce
>
> Central Enquiry Unit Officer.
>
>
> While we take every care in the provision of information and advice, we
> do not accept any responsibility for errors or omissions or their
> consequences.
>
>>>> Richard Fairhurst <richard at systemeD.net> 28/06/2006 09:09:34 >>>
> Hello,
>
> I wonder if you could help me with a brief copyright question.
>
> If I make a list of street names in a town, and write down where each
> street goes to and from, is this copyrightable? (Aside from database
> right protection, which I believe it may have.)
>
> I read often that "facts are not copyrightable" and would like to know
> if this applies.
>
> Thanks very much for your help.
>
> Best wishes,
> Richard Fairhurst
>
>
>
>
>