[OSM-legal-talk] produced work vs. derivative db
michal.palenik at freemap.sk
Thu Mar 7 13:42:29 UTC 2013
I've tried to put extra information on several wiki pages:
(please check the wording)
generally the answer to question "is it produced work or derivative
database?" is "doesn't really matter, even if it were produced work, you
are obliged to published the underlaying derivative database"
however, on several pages under the use cases wiki page, eg
still set a hard line between produced work and derivative database.
On Mon, Mar 04, 2013 at 08:15:57PM +0100, Michal Palenik wrote:
> 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
> 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
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