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

[Yves]

In other words,  you would systematically use a copyrighted map as a source to enter data in OSM? 
Yves 

Le 25 août 2016 19:49:05 GMT+02:00, Bjoern Hassler <bjohas+mw at gmail.com> a écrit :
>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
>
>
>------------------------------------------------------------------------
>
>_______________________________________________
>legal-talk mailing list
>legal-talk at openstreetmap.org
>https://lists.openstreetmap.org/listinfo/legal-talk

-- 
Envoyé de mon appareil Android avec K-9 Mail. Veuillez excuser ma brièveté.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20160825/da564d7b/attachment.html>