[OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

[Rob Myers]

On 02/02/2011 05:13 PM, Frederik Ramm wrote:
>
> I think that in those examples, there was the concept of interaction and
> co-dependency - the question of "does the overlaid stuff work without
> the map". So if you carefully place your photo or illustration at a
> certain point in the map, and your photo or illustration would lose its
> meaning without the map, then it is clearly a derived work; but if your
> photo just sits there and could just as well sit there without the map,
> then it could be called a collection. This is not an interpretation I
> necessarily share and I'm not sure about the exact wording but it has
> something going for it.

Combining image elements (that may or may not embody data) is collage. 
Collage produces derivative works, not collective works:

http://www.google.com/search?q=collage+derivative+work

Individual photos over a map are like individual samples over a backing 
beat (IANAL, TINLA). People haven't had much luck arguing that the 
latter doesn't create a derivative work.

> I don't think this interpretation is particularly strict. There have
> indeed been several people requesting that my OSM book be fully
> CC-BY-SA'ed because it contains OSM illustrations on some pages - *That*
> I call a strict reading (and one I clearly don't share).

Wikipedia would agree with you. :-)

- Rob.