[OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

[davespod]

JohnSmitty wrote:

> As I said before, you can easily do this with copyright, use CC-by-ND
> instead of CC-by-SA, but if something is licensed as CC-by-SA it can
> legally be derived from as long as the resulting work is also
> CC-by-SA.

What I am saying is that Creative Commons guidance appears to suggest that,
in the case of music, you can  license a recording under CC-by-SA without
licensing the composition under CC-by-SA (and indeed it is well established
in copyright law that composition and recording licensing are separate) . In
other words, you have not licensed all of the intellectual property present
in the recording under CC-by-SA, so people cannot distribute, say, the
lyrics under CC-by-SA on the grounds that they derived them from a CC-by-SA
recording. If my interpretation is right, why can you not licence an OSM
rendering under CC-by-SA without licensing the underlying database under
CC-by-SA?

I am not saying I am 100% certain about this (as there is not the well
established distinction that exists for music), but I would be interested to
hear reasons why this does not work if the music example does.

Cheers

David

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