[OSM-legal-talk] OSM layer into Adobe Illustrator?

Kristian Thy thy at 42.dk
Tue Feb 27 22:28:53 GMT 2007


On Tue, Feb 27, OJW wrote:
> Isn't that just saying that artists are more worthy than data-gatherers?  Why 
> should they get paid for the joint work, and the data gatherers not?

In Danish copyright law, there is a concept of "værkshøjde", which
roughly translates as "work-nature" (X has the work nature ~ X is a work
of art)[1]. For something to be covered by the copyright law, it has to
have the work nature. In this sense, there needs to be a significant
(FSVO significant) intellectual investment in X, and it must the result
of a creative process. For instance, a piece of music produced by
a program stochastically playing notes on a computer wouldn't be
copyrightable, though the program itself would be.

Another often cited distinction is that for something to have the work
nature, two independent people should not be able to produce the same
work. In this sense, the distinction between data gathering of objective
facts and the intellectual process of map making becomes quite
important.

[1] Mu.

\\kristian
-- 
Cthulhu.call();




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