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

[Blake Girardot HOT/OSM]

On Thu, Jan 26, 2017 at 8:27 PM, Christoph Hormann <chris_hormann at gmx.de> wrote:
> 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/
>

Very helpful, thank you very much for the follow up example and explanation!

Best wishes,
blake