[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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