[OSM-legal-talk] [OSM-talk] collective and derived work - a real world example

Richard Fairhurst richard at systemeD.net
Wed Jul 4 10:00:02 BST 2007


Peter Miller wrote:

> [...]
> The resulting work will therefore consist of OSM elements (creative commons)
> and scheduled transport movements (copyright) which are used to create a
> movie (creative commons).

IAobviouslyNAL but, sadly, I don't think CC-SA allows you to do that.  
I'm on deadline with the day job atm but will post more at the weekend  
as to why not.

In short, collective works (IMO) consist of "separate and independent  
works", e.g. encyclopaedia articles. Your movie is one, merged work.  
That's a derivative work. (In fact, CC-SA expressly cites "a work  
based upon the Work or upon the Work and other pre-existing works,  
such as a... motion picture version". Yay - it's OSM: The Movie.)

> I will need to get this use checked legally before proceeding, but I would
> first like confirmation from the community that it meets the spirit of the
> project.

Heh, I think it's a great idea, but then I'd prefer it if it were all  
public domain anyway. :)

Getting a legal view would be very, very useful.

(Follow-ups to legal-talk? The poor legal-talk list has been feeling  
unloved for a while now...)

cheers
Richard





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