[OSM-legal-talk] Use of data from the EU GMES/Copernicus programme

[Christoph Hormann]

On Wednesday 27 January 2016, Frederik Ramm wrote:
> > It is my understanding that by listing Copernicus data sources on
> > the contributors wiki page OSM would satisfy the requirements of
> > the EU regulation to inform the public about the data source.
>
> Perhaps you can explain your reasoning a bit more. I read:
>
> "The intellectual property of any Derivative Works made by the User
> belongs to the User. However he shall mark such Derivative Works
> as follows, whenever sharing, publishing, distributing or in any
> other way making them available to others: “contains Copernicus data
> (year of reception)”."

That cited paragraph is from the old terms and conditions that were 
originally put up with the first Sentinel-1 data in 2014.  This 
document is still accessible but it is not linked any more (you can't 
even find it through Google seach apparently).  The newer, currently 
linked terms and conditions are strictly based on the EU regulation and 
no more include any contraints regarding derivative works.

My guess is (but this is really a wild guess) that with the original 
terms some prospective data users approached the EU commission asking 
for the terms to not be more restrictive than what was mandated by the 
regulation and this is exactly what happened then.

Regulation 1159/2013 gives conditions regarding data use in article 7 
and 8 which essentially boils down to a single requirement:

"When distributing or communicating GMES dedicated 
data and GMES service information to the public, users shall 
inform the public of the source of that data and information."

As i see it the question here can only be if the obligation to "inform 
the public" is fulfilled by listing on the contributors page.

-- 
Christoph Hormann
http://www.imagico.de/