[OSM-legal-talk] Copyright Assignment and ability to sue

[Francis Davey]

2010/1/12 Ed Avis <eda at waniasset.com>:
>
> That is an interesting point.
>
> If map data is covered by copyright, then without copyright assignment
> the ability of the OSMF to enforce share-alike is weakened.

As I've observed OSMF cannot enforce share-alike under the existing
contributor terms because everyone in the world is granted a
non-exclusive licence. An assignment of copyright (to OSMF) would not
affect that.

Second, in the UK at least - I cannot really speak for other
jurisdictions - if the CT were slightly rewritten so as to expressly
grant the OSMF a right to sue as a non-exclusive licensee then s.101A
of the Copyright Designs and Patents Act 1988 would give OSMF that
right (provided that the agreement is "signed", which should be easily
possibly by supply of name of contributor and a button indicating that
the assignment is effectively signed) at least as far as enforcing
share-alike goes.

You could also grant an exclusive licence with grant back of a licence
for the contributor on whatever terms.

>
> On the other hand, if map data is not covered by copyright, then the
> assignment of copyright licence to the OSMF is not necessary.
>
> Either way, having a blanket grant-of-licence in the contributor terms
> without actually assigning the copyright seems a suboptimal choice.

Not necessarily.

-- 
Francis Davey