[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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