[OSM-legal-talk] selling map images

[Rob Myers]

Frederik Ramm wrote:

>> IMO this is the problem with the CC-by-SA model for geodata; 
>> forcing access to what people do with OSM data isn't that 
>> productive, since gaining such access does not improve the OSM data.
> 
> Most people agree with this sentiment. 

The idea isn't to benefit OSM, it is to benefit map users. By which I 
mean the user of a given instance of a map derived from OSM data or 
graphics.

If you are holding a map then being able to copy and modify it is more 
useful than being required to send data back to OSM.

> A show of hands at SOTM07
> showed that a majority was in favour of going PD, with less than 10%
> of people present considering themselves serious copyleft advocates.
> However most of the PD folks were not pro-PD because they believed
> that ther should be totally unrestricted access for the sake of it;
> most of them were PD in the OSM-typical pragmatic sense: "It is just
> too complicated to get the SA bit right, we'll always cut off a number
> of desirable uses, we'll be forever bogged down in license debates,
> we'll never be able to give legally binding answers to people who want
> to use our data, and in the end somebody who doesn't want to give
> something back can never be forced to do so anyway unless you've got a
> giant legal budget."

Based on the success that small Free Software projects have had I would 
say that you don't need a giant budget, just a friendly lawyer.

> Just to be clear: If you produce a PDF design based on OSM, send this
> to the printer and have T-Shirts made from it, and then sell these
> T-Shirts, the following applies:
> 
> * The PDF file does not have to be licensed under CC-BY-SA because
>   you do not "distribute, publicly display, publicly perform, or publicly
>   digitally perform" it. You send it to the printer as part of your
>   business relationship. If the printer takes the PDF and, without 
>   your consent, sends it to someone else, he can't claim CC-BY-SA
>   privileges - he's in breach of contract just as he would be if
>   your PDF contained Ordnance Survey data.
> 
>   (It would be a different situation if the printer had contracted
>   you to create something based on OSM data for him. In that case
>   you would have to license the PDF under CC-BY-SA and it would be 
>   at the printer's discretion what he does with the file - if he
>   never publishes it then that's that, no gain for anybody.)

I would be surprised if this is the case. Sending the PDF to the print 
shop should count as distribution because they have to take a copy from 
you. A good comparison is font licencing, where you are not allowed to 
send a copy of an unusual font that you have used to a print shop. And 
GPL-3 has been specifically modified to ensure that subcontractors 
working on code doesn't count as distribution.

> * The T-Shirt, since you sell it, is "distributed" and so CC-BY-SA
>   applies. This however does not mean that you have to give the
>   T-Shirt to anybody. It just means that people may copy the T-Shirt
>   and you can't prohibit them from doing so.

If I ever meet anyone who actually believes that you have to give 
someone your BY-SA t-shirt if they ask then I will get a photograph of 
myself wearing it next to them before giving it back. ;-)

- Rob.