[OSM-legal-talk] License / Copyright - OSM data for commercial use artistic map

[Jonathan Harley]

On 19/10/13 11:11, Beri Dániel wrote:
>
> Dear All,
>
> I would like you to have a look at my question I posted in the OSM 
> forum yesterday. It is not an urgent matter, I'm duplicating it here 
> as well because I would like to avoid any mistreatment of the OSM 
> licenses.
>
> Below you can read my post from the forum, or just simply have a look 
> at it in the forum itself: 
> http://forum.openstreetmap.org/viewtopic.php?id=22948
>
>
> Thanks in advance!
>
> Daniel
>

Hi Dániel, overall your project does sound like what's presented to 
users would be a produced work and there is no problem with commercial 
use. AFAIK OpenLayers uses the FreeBSD license which places no 
limitations on use other than that you must distribute it with its 
license intact.

The only part which would constitute a derivative database is your 
altered OSM data (point 2). This altered data will clearly be derived 
from OSM's data and you would need to publish this under ODbL. If you 
store the data about where your users live (point 5) in a database, and 
if this data is derived from the OSM map (users drop a pin on your map 
based on what they see on it, or where the OSM-based search server said 
they are), then this is also a derivative database and must also be made 
available under ODbL.

Note that a "database" here just means a data set - the set of data that 
was derived from OSM. The ODbL license does not extend virally to any 
other data sets you may happen to store in the same database management 
system. The derived data is the only thing you must distribute freely 
(if asked to), and you can retain all rights on your other data, images 
and published maps.

HTH - Jonathan


> ----
>
> Dear All,
>
> This might have been discussed several times, hence sorry for raising 
> this question again, but I really would like to make sure that I'm in 
> compliance with the rules of the OSM license. (Also, I'm not a 
> programmer, so, sorry for formulating the details of my envisaged 
> project with lack/inproper use of the programming jargon.)
>
> So, here is the list of things I am planning to do:
>
> I would like to create an artistic map
> 1) *based on OSM data* - I would need a world map, with territories of 
> countries and potentially subdivisions as well
> 2) *I would alter the OSM data* by defining new, custom subdivisions 
> in certain areas, like cutting half a country (or continent, like 
> Antarctica) not along any currently available "line", but according to 
> my wish
> 3) I would like to *put copyrighted images* onto these subdivisions 
> (with OpenLayers)
> 4) I would *remove uneccessary detail by not rendering some types of 
> features*, ie. I don't want any other data to be displayed on the map, 
> but the original and custom-made subdivision borders and the images
> 5) however, *in the background I would like to still use the OSM 
> data*, so that users could search, eg. the address of their home, then 
> the map would display the place where they live, but covered with the 
> image I defined to cover that particular place with (ie. not 
> displaying any roads etc.)
> 6) I would expect volume of use too high to be supportable by OSM's 
> tile servers, therefore I *would have my own tile server*
> 7) Also, because of point 6, I *would create separate, own search 
> server* as well, not to overwhelm Nominatim's servers (btw, I would 
> really appreciate if you could help me with auto-complete search, is 
> there any advanced solution already?)
>
> So the end-result would look like this world map of flags, with the 
> exception that I would make it available online as a dynamic map and 
> in print as well:
>
> 500px-Flag-map_of_the_world.svg.png
>
> So, my questions are:
> 1) does this project qualify to be a *produced work* as defined in use 
> case 2 of the license? http://wiki.openstreetmap.org/wiki/Lice … 
> thing_else 
> <http://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_2:_I_want_to_publish_something_based_on_OSM_and_nothing_else>
> 2) if not, then *which use case is the applicable here*?
> 3) in either case, what are the *consequences of the license to my 
> rights over parts of the project* (database, separate copyrighted 
> images and the overall look of the map)? what should be shared freely? 
> Can I reserve the right to the overall image of the map to be sold eg. 
> as a printed poster?
> 4) Also, does *OpenLayers' license* (in which I would define the new 
> layer of images) interfere with this idea to be used for commercial 
> use and reserve the rights for the end product?
>
> Sorry if the questions should be "super-obvious" based on the 
> wikis/forum etc., they aren't really self-explanatory for me! smile
>
> Thank you very much in advance!
> Best regards,
> underclover
>
>
>
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-- 
Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd

md at spiffymap.com      Phone: 0845 313 8457     www.spiffymap.com
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