[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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