[OSM-legal-talk] Using copyrighted data to locate objects in bing (and trace over bing)

[Bjoern Hassler]

Dear all,

Is it permissible to use (copyrighted) maps to discover features on Bing
(and trace those into OSM)?

Suppose I have a list of GPS points of airports (one per airport), derived
from publicly available paper (copyrighted) maps. Suppose there is no issue
with sui generis rights in that list, but that there was no special
permission to create that list (and thus the list is not rights cleared as
such, but only used personally). I would think that:

(1) I am not permitted to transfer that data straight to OSM, because I
would effectively be tracing over those maps, which constitutes
digitisation, and which is very likely not permitted. Do you agree?

(2) However, I am allowed to use that list to systematically find airports
on bing. I.e. use an editor to visit those GPS coordinates, and then see
whether a runway is present in bing. If the runway is there (and not in OSM
already), I then manually trace over bing to add the runway; if nothing is
there, I do nothing.

I assume that (2) does not violate copyright, because I am only using the
copyrighted information to find possible locations in bing, and then trace
over bing. Do you agree?

Two concerns:

(A) While it does not violate copyright, maybe it violate other rights (sui
generis rights associated with the original maps) or other terms of use
(for the original map)?

(B) My second concern is that (1) could be seen as a "limiting" case of
(2): Suppose I don't trace over the runway, but I just enter a POI for
airport. Suppose that often those POIs are close to the GPS point in the
original map? Surely, that is effectively case (1), and would not be
permitted? So (2) hinges on the fact that you see the object on bing, and
then trace over it in bing.

(3) A final consideration: In (2), can I enter other public data into OSM
(such as the name of the airport) that I derived from the map? The name as
such is not copyrighted, but maybe there is a sui generis right in the
collection of the names?

Thanks for any light that you can shed on this! (Or any websites /
documents with further information.)

All the best,
Bjoern
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