[OSM-legal-talk] produced work vs. derivative db

Michal Palenik michal.palenik at freemap.sk
Mon Mar 4 19:15:57 UTC 2013


may i add a question into faq/use cases:

Q: I want to publish a slippy map/printed map based on OSM data. 
Is it a produced work or derivated database?

A: The slippy map itself is a produced work, however the database you
used has to meet the same requirements as published derived database or a collective
database. In other words, publishing this produced work implies
that you have the same obligations as when publishing the database
itself.

or a better wording. which would clarify the odbl-ty of the data.

On Mon, Mar 04, 2013 at 05:15:04PM +0000, Jonathan Harley wrote:
> On 04/03/13 16:53, Michal Palenik wrote:
> >after reading all the documents/wiki/mailinglist I am still confused:
> >
> >what forces producers to publish a derivative database and not just
> >produced work?
> 
> Clause 4.6 of the ODbL, which says if you publish a produced work
> you must make the database it was produced from available.
> 
> >usecase:
> >a user takes a substantial part of osm db, hand modifies it (eg changes
> >name of a street to correct one, make a new hiking route ...) and then
> >publishes it as an online tilemap/printed map. claiming it to be a produced
> >work under a commercial licence.
> >
> >is it a produced work?
> 
> The online tilemap and printed map are a produced work.
> 
> >is it also a derivative database?
> >(if so, which odbl clause kicks in to state this?)
> >
> 
> The database is a derivative database as defined in the definitions section.
> 
> Correcting names and adding hiking routes which connect with OSM's
> data is exactly the sort of data the share-alike clause is intended
> to capture.
> 
> >thanks
> >
> >michal
> 
> HTH!
> 
> Jonathan.
> 
> -- 
> 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
> 
> 
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-- 
michal palenik
www.freemap.sk
www.oma.sk
http://wiki.freemap.sk



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