[OSM-legal-talk] OGC Geospatial Rights Management Summit

Elizabeth Dodd edodd at billiau.net
Tue Jun 9 09:23:48 BST 2009

On Tue, 9 Jun 2009, Frederik Ramm wrote:
> Hi,
> Elizabeth Dodd wrote:
> > "Facts are Facts and can't be Copyrighted"
> ... which ist not exactly the position that OSM is taking on this
> matter; in fact, with ODBL we go to great lengths to ensure that even if
> our facts should not be copyrightable we still get to say exactly under
> what conditions they are used through contract and database law. We're
> willing to enter completely uncharted waters and use a new and untested
> licensing framework precisely because we do *not* want our data to be
> free of any restrictions.
> So if you are looking for someone who takes the above position, best
> talk to one of the Science Commons guys!
> Bye
> Frederik

That is the basis of Australian law, and recent a High Court decision has 
returned us to that position, carefully deciding that a database, to be 
subject to copyright, had to demonstrate intellectual or artistic input.
So the facts from a map in Australia can't be copyrighted.
The intellectual and artistic work of creating a map results in a map which 
can be copyright.

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