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

Rob Myers rob at robmyers.org
Wed Feb 2 19:05:38 GMT 2011


On 02/02/2011 06:39 PM, Peter Miller wrote:
>
> So... you are suggesting that you believe that no one will ever be able
> to overlay an osm map, or indeed an ccbya image with any image that not
> available on an open license even if the context of the two images is
> completely different?

The context of the two images is the single derivative image.

> For the avoidance of doubt the base map is a
> direct clone of standard osm map rendering so is already available for
> reuse. It is only the combined image that is not.

The fact that it is combined makes the resulting combination of the two 
works a derivative of both.

> Please refer to the specific examples I have posed above to help direct
> the discussion. These include a map of the USA overlaid with crime
> statistics, a directions map overlaid with a photograph and a map of the
> Isle of White overlaid with some illustrations.

They are all collages (combinations of visual elements in a single 
image) and are therefore all derivative works.

Frederik has explained how it can be argued that BY-SA's private use 
exception allows online mash-ups. Printed versions of the same works 
would be distributed/publicly exhibited and so cannot be made under the 
same exception.

(IANAL, TINLA)

- Rob.




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