[OSM-legal-talk] 'Fair Use'

Rob Myers rob at robmyers.org
Mon Jan 12 14:52:48 GMT 2009


On Mon, Jan 12, 2009 at 2:22 PM, Peter Miller <peter.miller at itoworld.com> wrote:

> There does however appear to be something in the UK about 'fair
> dealing'.
> http://en.wikipedia.org/wiki/Fair_dealing#Fair_dealing_in_the_United_Kingdom
>
> It seems a possible justification, but it may be a bit weak.

Fair Dealing is a list of specific, quantified exceptions to
copyright. It won't cover this unfortunately (IANAL, TINLA).

>> Under American law, whatever you can get away with in court.
>>
> So what if someone in the US adds some data from a UN OCHA map to a
> global CCBYSA project!

I forget what happens when you "export" it.

>> There can be no certainty unfortunately.
>>
> So what about a map from UNOCHA that makes no claim of copyright?

Everything produced in a country that's a signatory to the Berne
convention (and that's most countries) is *automatically* copyrighted,
so UNOCHA don't need to claim copyright.

> We are asking for permission in parallel, however we are not hopeful
> about getting a quick response.

Yes I can imagine that the UN won't move that fast. And I do
appreciate that this is an urgent issue that needs a fast and good
response to.

Is it worth creating a quarantined/sandboxed/forked version of OSM for
use specifically to track the conflict? Data from it could be rolled
into the main map as it is "cleared".

> Oh, so possibly we claim fair use and/or database directive whichever
> is applicable! I do get the message that we should generally not use
> this approach.
>
>
>
> Regards,
>
>
>
> Peter
>
>
>> - Rob.
>>
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