[OSM-legal-talk] Including OSM maps in leaflets

[tinkerbell.REMOVE.SPAM at gsmpaaiml.com]

Hello,

On Thu, 27 Mar 2008 12:32:13 +0100, <rob at robmyers.org> wrote:

> Quoting "Robert (Jamie) Munro" <rjmunro at arjam.net>:
>
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>> Rob Myers wrote:
>> | tinkerbell.REMOVE.SPAM at gsmpaaiml.com wrote:
>> |
>> |> Therefore, I argue that CC-BY-SA 3.0 should be okay, given we're
>> talking
>> |> about a "Derivative Work".
>> |
>> | What is the derivative work in this scenario?
>>
>> The printed map. It will probably be based on OSMarender output, then
>> loaded into Illustrator, tidied up, and then have things added and
>> edited.
>
> If the map is modified then yes it's a derivative and can have the
> licence upgraded.

again IANAL, but even if the map is not "tidied up" and things are not  
"added and edited", it's a "Derivative Work".

In [1, §1.b] you'll find the definition of "Derivative Work" and there  
you'll find:

   "Derivative Work" means a work based upon the Work [...],
   such as a translation, [...] or any other form in which
   the Work may be [...] transformed, or adapted, [...].

The data OSM is serving is some XML. You can get this under CC-BY-SA 2.0.  
This is "the Work". If I use the Osmarenderer to _transform_ it into  
nicely looking SVG, its a transformation. Hence, I am free to use the  
output of Osmarenderer under CC-BY-SA 3.0--regardless whether I tidy up  
the output or not.

Kind regards,
Tinker

[1] http://creativecommons.org/licenses/by-sa/2.0/legalcode