[OSM-legal-talk] 'Fair Use'

Peter Miller peter.miller at itoworld.com
Wed Jan 14 01:50:34 GMT 2009


On 12 Jan 2009, at 14:52, Rob Myers wrote:

> 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).

Shame

>
>
>>> 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.

I wish we were able to retain a lawyer for the foundation who could a)  
say 'I am a lawyer and I am your lawyer' and b) here is an answer to  
your question!

>
>
>>> 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.

I am surprised at that. I thought the (c) line on a document was  
important.

>
>
>> 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".

Nice idea. We have talked about it, but there was not enough time.

Regards,


Peter


>
>
>> 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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