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

Richard Weait richard at weait.com
Sat Jun 18 11:26:51 BST 2011


On Sat, Jun 18, 2011 at 5:39 AM, John Smith <deltafoxtrot256 at gmail.com> wrote:
> On 18 June 2011 19:22, Francis Davey <fjmd1a at gmail.com> wrote:
>> Tiles are clearly *maps* and so protected as artistic works under
>> article 2(1) of the Berne Convention and therefore (one hopes) in
>> every country which is a signatory to Berne which includes the US and
>> the EU. What you can do with tiles will depend on how OSMF chooses to
>> licence the OSM.
>
> Well one assumption I'm making is that everyone is adhering to the
> license restrictions placed on them, perhaps this would be easiler
> with a solid example.
>
> OSM-F continues to distribute map tiles under a CC-by-SA license and
> for the purpose of this example doesn't have a terms and condition
> using their website.
>
> Someone from the US comes along and derives some data from the tiles
> OSM-F produces.
>
> That same someone then distributes the resulting data under a CC-by-SA license.
>
> At any point is anyone in breach of copyright?

Is this similar?:

Andy, in Australia, contributes CC-By or CC-By-SA data to CC-By-SA
OpenStreetMap.  Perhaps the data is Australian boundaries or
something.
Betty, in UK, creates CC-By-SA tiles that include that boundary data.
Chuck, in USA, creates vectors from those tiles and later contributes
them to OSM under CC-By-SA and CT/ODbL.

All fair here?  How would it change if Betty were in USA as well?



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