[OSM-legal-talk] some questions about "Produced Works" under the ODbL

Ulf Möller osm at ulfm.de
Thu May 20 21:27:36 BST 2010


Am 20.05.2010 17:57, schrieb David Mirchin:

> 1. Is it clear that a "map tile" is an "image" within the definition of
> a "Produced Work"--a work (such as an image...) resulting from using the
> whole or a Substantial part of the Contents....?

Surely a map tile is an image. Also see the Produced Work community 
guideline at 
http://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines

> Does it undermine something being a Produced Work if it results from
> using BOTH a Substantial part of the Contents from a Derivative Database
> AND some other data or database, such as a Derivative Database, a
> proprietary database or user-generated data?

Here's our reply to a similar question (at 
http://docs.google.com/View?id=dd9g3qjp_63fshs97dc):

11.5. If I use OSM data to generate part of a new map, a POI or other 
metadata, or other image, and proprietary data to create the remainder 
of the map or image, is the result a Produced Work? Does it matter 
whether the user can tell the difference between the OSM data and my own 
proprietary data as long as I display the proper attributions?

Yes, the result is a Produced Work. If the different parts of the image 
are created from separate databases, only the OSM data would need be 
released under ODbL (whether the user can tell the difference or not). A 
good guideline could be, neglecting purely stylistic issues, could the 
two sets of data be rendered completely separately without reference to 
the other database and then be composited together, i.e. one database is 
not being used to filter or otherwise modify the other database.





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