[OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

Simon Poole simon at poole.ch
Wed May 6 09:53:16 UTC 2015


Just as a clarification, versions of CC-by prior to 4.0 do not have this
issue, however do not address the issue of database rights at all.

All of the CC-BY licences -do- have the further issue, just as the ODbL,
that they do not allow sub-licensing (which I consider a defect),
however that aspect does not seem to be very high on the priority list
of anybody.

Simon

Am 06.05.2015 um 11:25 schrieb Simon Poole:
> 
> 
> Am 05.05.2015 um 11:27 schrieb Andrew Harvey:
> ...
>> My question was does CC-BY 4.0 have the same issue? Could CC-BY 4.0
>> data be included in OSM.
> ...
> 
> My, very conservative, reading of CC-BY 4.0 would indicate that it has
> additional issues over just the attribution problem for databases.
> 
> CC-BY 4.0 contains the following (4.b):
> 
> "if You include all or a substantial portion of the database contents in
> a database in which You have Sui Generis Database Rights, then the
> database in which You have Sui Generis Database Rights (but not its
> individual contents) is Adapted Material; and"
> 
> "Adapted Material" is essentially a derivative Work, or using ODbL terms
> a derivative database. The CC-BY terms would however seem to make it
> impossible to create an ODbL collective database from an OSM dataset
> including CC-BY material.
> 
> Simon
> 
> 
> 
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