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

[Peter Miller]

On 2 February 2011 19:05, Rob Myers <rob at robmyers.org> wrote:

> 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.


I don't believe that a court would see it that way and it is a very
unhelpful view for the project to take.

>
>
>  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.


See above!

>
>
>  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.
>

As you will guess by I disagree with this statement as well!


> 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)
>

Indeed, I don't believe that there are any lawyers in the house! I do wish
that the Foundation would pay for one from time to time to help with general
questions like this which matter a lot to potential users of our lovely
mapping.

10 non-lawyers are not the same as one lawyer. I will bounce this question
of our lawyer at some point in the future and let people know at that point,
until then I would encourage people to create combined works.



Regards,


Peter Miller



> - Rob.
>
>
>
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