[OSM-legal-talk] Using a WMS imagery with CC-BY4.0

Simon Poole simon at poole.ch
Mon Jul 13 11:31:06 UTC 2015


In general the CC-by licences require downstream attribution that we
can't provide for any sensible meaning of the word, so you will need
specific permission in any case, the other part is that the 4.0 licences
try to cater for sui generis databases and, IMHO-only, that comes out
rather wrong.

What complicates your specific case even more is that you will find a
wide range of opinions on if tracing from imagery even creates a
derivative work (which you need to square with national regulations and
case law).

The best action is to sidestep the above mentioned can of worms and try
and get explicit permission, preferably with
http://wiki.openstreetmap.org/wiki/Import/GettingPermission#Letter_Template3
(the first two letter templates are missing some key points IMHO and
while simpler are probably not really enough).

Note the letter would need some adaptation in your case since we are
referring to data derived from the imagery, not the imagery itself.

Simon

Am 13.07.2015 um 12:54 schrieb Ivan Garcia:
> Hi Simon. Thanks for the answer. 
> 
> Just an extra quesiton, doesn't a CC-BY license already allows
> derivative work of any kind as long as the author is mentioned? Why
> would an extra permission for that be required?
> 
> Best Regards.
> Ivan.
> 
> On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>> wrote:
> 
>     Ivan
> 
>     The problem is that it is a legal can of worms. I would suggest simply
>     asking for explicit permission, or at least formal confirmation that
>     tracing from the imagery does not create a derivative work and that the
>     government has no rights in such vectorized data.
> 
>     It is, as you may have seen from previous discussions, not clear if the
>     CC 4.0 licences are compatible (with the exception of CC0 naturally)
>     with the ODbL and this is likely not an issue that will be resolved
>     short term.
> 
>     Simon
> 
>     Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
>     > Hi everybody,
>     > the government of Indonesia recently opened a Open Data portal
>     > http://data.go.id/ offering some official WMS imagery under CC-BY 4.0
>     > license.
>     >
>     > Would that license be enought to be used under JOSM to trace ways and
>     > POIs for OSM?
>     >
>     > Thanks in advance.
>     > Ivan.
>     >
>     >
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