[OSM-legal-talk] selling map images

[Frederik Ramm]

Hi,

> > * 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.

> 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.

Hm. Maybe they did this for clarity. None of the definitions of
"distribute" that I could find on the web would cover sending
something to a print shop for printing. 

(As for font licensing; does creating PDFs not routinely embed copies
of fonts? And do such font licenses really just say "you may not
distribute this font" and count on everybody assuming that they may
not give it to their print shop?)

Suppose I create a color printout of my OSM map and have a courier
deliver this to a copy shop.

Do you think that the courier may make a copy of it on the grounds
that it is basically CC-BY-SA licensed?

I would say no. The courier is not supposed to meddle with my goods in
any way, be they CC-BY-SA or not, it's my stuff not his! I wouldn't
even tell the courier that the stuff he is carrying is CC-BY-SA.
However, if you assume that the PDF document "in transit" is covered
by CC-BY-SA then what I just said of course contradicts Par. 4b of the
license where it says "You may not offer or impose any terms on the
Derivative Works that alter or restrict the terms of this License or
the recipients' exercise of the rights granted hereunder" - I would be
in breach of the license by disallowing the courier to meddle with my
stuff. (And by not telling him that the stuff in the envelope is
CC-BY-SA.)

Furthermore, say I break up my CC-BY-SA derived work in two
instalments, and send the first 50 pages to the printer today, the
other 50 pages tomorrow. If sending something to the print shop would 
constitute a "distribution" then I would be in breach of license
unless *both* instalments contain the full license and attribution...

There's not enough court cases on this that's for sure. But if I had a
CC-BY-SA derived work printed at a print shop and later found it in
the local newspaper without ever having given it to anyone else, then
I'd certainly sue them. Once I publish the work is anyone's for the
taking, but asking someone to print a thousand copies is not
publishing.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00.09' E008°23.33'