[OSM-legal-talk] Licensing of works containing geocodes pinpointed on OSM data

Jani Patokallio jpatokal at iki.fi
Tue Oct 16 07:54:49 BST 2012


Greetings,

My company is currently considering using OSM maps for pinpointing
(geocoding) our own data, and then commercially selling a) printed
maps produced with these pinpoints, and b) digital feeds incorporating
these geocodes.  These pinpoints would form a small part of a large
database of otherwise fully copyrighted data.  I've read through the
license and this:

  http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Use_Cases_regarding_the_extraction_of_data_from_OSM_for_various_purposes
  http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Map_composite_from_OSM_and_commercial_data

My understanding is that data created by pinpointing on OSM maps is
also covered by ODBL, this use most likely qualifies as "Substantial",
and the resulting works will be made "Public".  Hence:

a) The printed maps would be Produced Works.  Any work containing them
has to be tagged with an ODBL notice, and we'd have to provide the
OSM-derived geocodes used on each map -- but nothing else? -- on
request.

b) The digital feeds would be Derivative Databases and need to be
tagged as containing ODBL data.  However, does the inclusion of some
OSM-derived geocodes mean that the *entire thing* is now licensed
under ODBL, and once sold could be legally redistributed in entirety
by the customer?  Or can we constrain the ODBL data to those geocodes
alone?

Any advice would be appreciated, as I still have a faint flicker of
hope that we can get this past the corporate legal team and possibly
even contribute back to OSM!

Cheers,
-jani



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