[OSM-legal-talk] Fwd: Albania GIS Data

William Waites ww at styx.org
Mon Sep 22 11:34:17 BST 2008

Le 08-09-22 à 07:35, Richard Fairhurst a écrit :
>> My name is Paul Mastin.  I am currently a U.S. Peace Corps  
>> volunteer living
>> and working in Laç, Albania.  I have been exchanging emails with  
>> someone
>> regarding copyright issues behind a set of GIS data I have acquired  
>> for
>> Albania.  I have pasted the relevant parts of this email into the  
>> message
>> body.  We would like to incorporate the dataset, but I do not know  
>> if there
>> are copyright implications!?!

Hi Paul, some thoughts from my armchair (IANAL, etc),

>> >> >> 1) A complete set of 50k / 100k Russian maps.  The copyright  
>> on this
>> >> is tenuous.  The survey data is from a 1930's survey completed  
>> by the
>> >> Italians.

I imagine the Russians would not have paid very much attention to any
copyright claims the Italians had on the survey data (if anyone even  
to try to apply copyright ideas to survey data in the 1930s). Could  
the Italians
in question (government? private company?) perversely make some sort  
of claim?
I would tend to doubt it.

>> >> The source of the other data is assumed to be from the Russian  
>> era in
>> >> Albania.

Is there any attribution or informational section on the maps? I'd be
interested to see it if you could scan it. According to the Wikipedia
article on Soviet copyright law, works of civil servants were not  
to copyright.

>> There are some companies in the U.S. that sell these maps
>> >> and claim a copyright.

Perhaps they make this claim based on the work and energy that they did
to get the public domain source material into a publishable form? If  
working from the same source material it should be ok I would think.

Fortunately Soviet copyright law is reasonably well documented unlike
Soviet-era Albanian copyright law, and since the maps are in Russian I
would hazard a guess that they were not made by/for Albanians and the
former would apply...

Much more interesting than the usual copyright questions!

William Waites VE2WSW                <ww at styx.org>
http://www.irl.styx.org/          +49 30 8894 9942
CD70 0498 8AE4 36EA 1CD7  281C 427A 3F36 2130 E9F5

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