[OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

[Anthony]

On Tue, Sep 7, 2010 at 12:14 PM, Francis Davey <fjmd1a at gmail.com> wrote:
> On 7 September 2010 16:51, Anthony <osm at inbox.org> wrote:
>> Of course, if a joint database right works like joint copyright, it's
>> fairly useless.  Any joint owner of the database right would have full
>> sub-licensable rights to the database, so long as they account for and
>> share all their profits in using that right.  All it takes is one
>> joint owner to grant a free worldwide license to do anything, and the
>> database right is effectively gone.
>
> Hmmmm, that sounds wrong to me. Joint ownership of copyright does not
> work in that way at all.

Sorry, I was inappropriately extrapolating from how it works in the US
(http://www.universityofcalifornia.edu/copyright/ownership.html) to
how it might work in the EU.

[quote]
Absent an agreement to the contrary, authors own the work jointly and
equally. Each joint author, therefore, has the right to exercise any
or all of the exclusive rights inherent in the joint work. (For more
information on the exclusive rights of the copyright owner, see What
is copyright? from the Office of Technology Transfer.) This means that
each author can grant third parties permission to use the work on a
nonexclusive basis without the consent of other joint authors. Each
author may also transfer his or her entire ownership interest to
another person without the other joint authors' consent. Each author
may also update the work for his or her own purposes. Additionally,
each joint author has a duty to account to the other joint authors for
any profits received from licensing the joint work.
[/quote]

> That's why joint copyright ownership is a ghastly thing and I try to
> dissuade clients from entering into joint ownership agreements unless
> there's a really good reason to do so.

Wow, yeah, here in the US it's just the opposite.  If you create a
joint work and don't enter into a joint ownership agreement, things
get really complicated really quickly.