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

jamesmikedupont at googlemail.com jamesmikedupont at googlemail.com
Wed Jun 9 13:30:49 BST 2010

Yes, I have written to the government, and we will get a lawer for this issue.

On Wed, Jun 9, 2010 at 2:25 PM, Richard Weait <richard at weait.com> wrote:
> 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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