[OSM-legal-talk] Does importing data give you a copyright?
Rob Myers
rob at robmyers.org
Thu Sep 16 09:17:18 BST 2010
On 09/16/2010 01:07 AM, Frederik Ramm wrote:
>
> The question is, how much do I have to do with that file before I can
> legally (or, if someone fancies going into that, morally) claim a
> copyright. What if I convert line endings or use an automated process to
> convert from one character set to another - does that give rise to
> copyright? Or is it too trivial an action?
That should be too trivial IMO, although the standard of originality is
getting ridiculously low in some jurisdictions.
> What if the action I do on the file is highly complex (such as
> converting from a shape file to OSM format or compiling from C source
> code to binary), but the action is done by a program where my only input
> is pressing a button and naming a file?
If you've created something original that might qualify, although it
might only qualify for a lesser "computer generated" copyright in the UK
(for example).
> Does copyright then lie with the
> author of the complex program,
No. Copyright goes to the person who presses the button. Unless there is
a copyright on the original work that the program is transforming, in
which case the new work is a derivative and in the absence of a licence
is an infringing work under the original author's copyright.
(The only reason this wouldn't be the case would be if there was no
copyright on the original work and the program combined a piece of
copyrighted work by the program's author with the output, e.g. a code
table or style sheet. This would then make the output a derivative of
the program author's work, but it would still *not* be just because it
has been produced by the program.)
> or is actually pushing the button on the
> software in this case non-trivial enough to warrant copyright?
It's not pushing the button, it's producing the original new work
however you might do it. No other human being has intervened between you
pressing the button and the output, so if there is a copyright, it's yours.
(IANAL, TINLA.)
- Rob.
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