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

[Rob Myers]

On 02/02/11 20:02, Peter Miller wrote:
>
> I don't believe that a court would see it that way and it is a very

Courts have seen it that way in the case of Shepher Fairey, Jeff Koons, 
Andy Warhol, Richard Prince, The Beastie Boys, and many other artists 
and musicians.

> unhelpful view for the project to take.

The ODbL solves this.

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

I believe that this is the legal reality of combining two works into a 
single derivative work (or of adding new content to a work to produce a 
derivative work) and how this is regarded by the BY-SA licence.

>     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!

I may be missing some aspect of your argument, and I apologize if I am.

I am however reasonably certain that the examples under discussion are 
not collective works. They are of a different character to the examples 
of collective works that I am aware of.

- Rob.