[OSM-legal-talk] Licenses for Produced Works under ODbL

[Jonathan Harley]

On 22/10/12 11:07, Igor Brejc wrote:
>
>
> On Mon, Oct 22, 2012 at 11:44 AM, Richard Fairhurst 
> <richard at systemed.net <mailto:richard at systemed.net>> wrote:
>
>     Produced Works do not have to be licensed under a share-alike licence.
>     Attribution is required, as per the above clause. My view is that this
>     implies a downstream attribution requirement too ("reasonably
>     calculated to
>     make any Person... exposed to the Produced Work") - besides, in
>     practice,
>     why wouldn't you want to? - but I think Robert disagrees with me
>     on this.
>
>
> OK, how about this scenario:
>
>  1. I download the OSM extract from Geofabrik, Cloudmade or some XAPI
>     server.
>  2. I generate a PDF map from that extract using an unpublished,
>     closed-source software. The map includes the appropriate OSM
>     attribution text..
>  3. I publish the PDF map on sites like http://www.istockphoto.com
>     <http://www.istockphoto.com/> claiming full copyright and sell it
>     as royalty-free vector graphics.
>
> Questions:
>
>  1. Is this possible?
>

Certainly. If you make a map, then that map is your copyright. You can 
sell your work or give it away. What you can't do is erase the license 
conditions (in the case of a produced work, just the condition that 
there must be an attribution notice if used publicly).

>  1. What are my obligations in terms of ODbL license? What (if
>     anything) do I have to provide, publish etc.?
>

You have to credit OSM and, as Richard points out, include text so that 
anyone viewing the map knows that OSM's data and anything derived from 
it is available under ODbL. That text doesn't have to be in the map, 
just somewhere where istockphoto customers buying it will see it.

You have an obligation to make your derivative database available, if 
you made one.

You also have an obligation to tell anyone you give or sell your work 
to, that its contents are bound by ODbL and that the attribution 
requirement applies to them too.

(There seems to be some doubt about this, but my personal view is, if 
you don't tell users of your produced work that they must do this, you 
have failed the requirement in ODbL 4.3 to include a notice calculated 
to make ANY person who views your work - even when incorporated in 
someone else's work - aware of ODbL.)

>  1. Would there be a difference if it was PNG/SVG instead of PDF?
>

No, it's still a produced work.

Unless, and I'm assuming you don't intend this, it was accurate enough 
to be used as data - for example, if you labelled the lat/long of the 
bounding box accurately and included high enough resolution vector data. 
If that was the case you would be conveying a derived database and the 
full ODbL would still apply to it. I don't think anyone could argue this 
could apply to screen-resolution bitmap tiles but for vector data 
(whether PDF or SVG) it just might, in those circumstances.

>  1. Can the buyer of such a map then password-protect his own
>     resulting work (which includes that map)?
>

Certainly. But his own resulting work, incorporating yours, is still a 
produced work and so still requires the ODbL notice if published.

J.

-- 
Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd

md at spiffymap.com      Phone: 0845 313 8457     www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK