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

Bjoern Hassler bjohas+mw at gmail.com
Thu Aug 25 19:41:01 UTC 2016


Hi Christoph,

Definitely a practical query!

The rights: My interest is wth the IGM maps
http://www.igmi.org/vendite/autorizzazione_riproduzioni.php
Their rights are fairly standard: Reproduction and distribution to the
public is prohibited. However, use is permitted for personal use (e.g.
research). The terms also forbid processing/re-publishing of the data.

The use: I'm interested in locating megalithic structures, but only where
those are visible on Bing. I am not interested in copying anything from the
map to OSM that I cannot see in Bing (as it probably isn't worth visiting
anyway). As described, I would like to merely use the map to locate objects
using a Bing layer in JOSM, and (if they can be identified from space)
enter them into OSM. However, I am interested in doing this for a
systematically in a few areas that I might visit, so it might be 50
objects, rather than one. Perhaps this constitutes "processing" (although
it's not digital processing)? Or maybe it's more of a question as to "when"
it constitutes processing.

I should also say that I am not interested in testing the law (which is
also not in line with trying to keep OSM genuinely open and free of
challenges) - if it looks contentious, then I'll try to obtain (and
document) the relevant permission first.

Any clarification you might be able to offer (or insights from other
countries, such as UK/ordinance survey)  would be appreciated!
Bjoern

On 25 August 2016 at 19:54, Christoph Hormann <chris_hormann at gmx.de> wrote:

> On Thursday 25 August 2016, Bjoern Hassler wrote:
> >
> > 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: [...]
>
> I am not sure if you are engaging in a theoretical thought exercise or
> if you are trying to solve a practical problem.  In the former case you
> probably will not get much reaction here.
>
> In the latter case you would need to be more specific about what data
> you are considering using, who produced this data and under what terms
> of use it has been made available to you.
>
> --
> Christoph Hormann
> http://www.imagico.de/
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
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