[OSM-legal-talk] Same old derived/collective question
richard at systemeD.net
Thu Jul 19 16:54:11 BST 2007
We're running an article in the next issue of our magazine (Waterways
World) about the River Rhine, which will include a map and a whole
bunch of photos with captions.
The pics will be related to places on the map, probably by a numeric
key (so pic 1 is pinpointed on the map with , etc.), or maybe by
lines linking the photo to the right place on the map. They'll be on
the same spread, with the pics in the blank areas where the river isn't.
There's no shortage of map data for the Rhine: if I want something
free, I can just extract from VMAP0 or trace off Landsat; if I don't
mind paying (which I don't), then there's any number of datasets to
But bearing in mind Steve Chilton's posting asking for examples of
cartography produced using OSM data, I wondered about using OSM's
Usually (as per countless previous messages) I can't see any way in
which I can use OSM data for commercial cartography like this. The
requirement to CC-SA the finished map means that other publishers
(here, competing magazines) can take away one of our commercial
edges, viz. we have better maps than any of the other canal
magazines. Given that I have NPE and other sources, it's not even
worth considering it. But in this case, we're the only one of the
magazines that covers overseas waterways anyway, so there's no
commercial risk - and, for the first time, I could potentially use
The question, as ever, comes down to the collective/derivative boundary.
If the photos and the map together make a collective work, then I can
If they together make a derivative work, I can't. The photos aren't
mine to relicense under CC-SA. (In common with many publishers, we
generally don't own the copyright on what we publish in the magazine,
just first serial rights.)
Any thoughts about which it would be?
(I guess essentially this is the same question I posed last year as
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