[OSM-legal-talk] Question of derived works of Kosovo Orthophotos

Richard Weait richard at weait.com
Wed Jun 9 13:25:42 BST 2010

On Mon, Jun 7, 2010 at 1:52 PM, jamesmikedupont at googlemail.com
<jamesmikedupont at googlemail.com> wrote:
> Hi,
> I have an interesting question about copyright in kosovo.
> We have a company who has purchased orthophotos of kosovo, which are
> very strictly regulated.
> here is the law on this :
> http://www.kca-ks.org/download/Udhezimet%20Administrative/Serbisht/Administrativno%20Upustvo%20br.%20MJS%202006-09%20za%20odredjivanje%20taksi%20o%20proizvodima%20KKA.pdf
> Now, the question is, can we use derived works (traces of streets)
> that this company has created and wants to donate to openstreetmap.
> The clause that is interesting is this :
> 2.8 Parties are obligated to print in proper manner the symbol of the author’s
> rights of KCA (KCA copyright) in all digital and analogue copies, obtained from
> original data and in data derived from them, and products obtained according to
> them.
> Is there some legal kungfu that we can use to use such data in openstreetmap?

The application of "legal kungfu" is generally when you think that you
are doing something wrong.  ;-)  In most cases, you would hire a
lawyer for an opinion and they would tell you what your risks are,
then you have to decide if you like the risks.  You don't get a
guarantee from a lawyer very often unless it is in the form of, "I
guarantee that what you want to do is very high risk."

The closest thing to a guarantee that you will get, in this case, is
explicit permission from the copyright holder.  If you can get that
explicit written permission, from somebody with the authority to grant
it, well that sounds pretty safe.

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