[OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Christoph Hormann]

On Saturday 21 January 2017, Blake Girardot HOT/OSM wrote:
> > However care should be taken that the mapper is in a solid
> > situation when using the data independent of the question if
> > his/her work actually makes it into the main OSM database.  In the
> > past this has often been a problem with specific permissions for
> > restricted access data.  License terms or terms of use of a service
> > should not require mappers to take additional legal risks.
>
> I do not understand what you saying here. Could you explain this a
> bit more please?

In the past there have been some pretty hairy license terms used on 
propriatary images that were offered for use for mapping in OSM by 
their owners - in particular i was thinking about:

http://imagery.openstreetmap.fr/airbus-ds/Web%20Licence%20for%20Non-Commercial%20Use%20with%20OSM.pdf

Significant parts of such terms are likely not really enforcable anyway 
but if they were this would have quite significant implications on the 
mapper using such images and possibly even on the OSM data user - in 
this case think for example about offline use of the imagery (would 
clash with the internet user concept) or use of OSM data in production 
of terrain models (would clash with the exclusion of those from 
derivative works).

If the image owner wants to license it under CC-BY-NC anyway independent 
of OSM, a workable approach could be to waive rights on digitized data 
(as Simon suggested) and waive the NC clause for activities that are 
related to the process of digitizing data for use in OSM.

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