[OSM-legal-talk] map drawn based on OSM tiles

Lars-Daniel Weber Lars-Daniel.Weber at gmx.de
Sun Oct 6 23:23:55 UTC 2019


Hi Simon,

From: "Simon Poole" <simon at poole.ch>
> Are you really doing this (applies to your 2nd question too) or are you
> dealing in hypotheticals? As this would seem to be a rather roundabout
> way to get shapefiles from OSM data it just seems to be rather unlikely.

I'm really doing this but I'm *not* getting shapefiles from OSM data, I'm getting a shapefile from lines, someone has drawn as an overlay on a printed map produced by OSM data.

Here's the whole story: someone has sent me areas drawn by hand on a printed OSM map (OSM standard style) with a (tick) black pen. I've scanned the map, georeferenced it in QGIS based on OSM data and digitized the marker. I've also played with QGIS color settings to only see the black pen and not the map on a white background (was easier to draw that way). The accuracy is aweful, but fine for the task the borders are needed for. Those lines often areas, where OSM doesn't have any borders (f.e. crossing a forest or field diagonally) and they never accurately follow a line on the printed map.

> In any case you are creating a derivative of a CC BY-SA 2.0 licensed
> work which requires all derivatives to be licensed on CC BY-SA 2.0 terms
> (that are far more restrictive than the ODbL).

I thought, whenever you re-digitize OSM data from a printed map, it would get ODbL again. According to current ruling by European Court of Justice, a printed map is just a database (it has been judged for a German topographical map in small scale).

So if I had freely drawn the borders based on extract of OSM (with the paper on the desk), it would fall under ODbL?

Sincerely yours,
Lars-Daniel


> Gesendet: Montag, 07. Oktober 2019 um 00:45 Uhr
> Von: "Simon Poole" <simon at poole.ch>
> An: legal-talk at openstreetmap.org
> Betreff: Re: [OSM-legal-talk] map drawn based on OSM tiles
>
> Are you really doing this (applies to your 2nd question too) or are you
> dealing in hypotheticals? As this would seem to be a rather roundabout
> way to get shapefiles from OSM data it just seems to be rather unlikely.
>
> In any case you are creating a derivative of a CC BY-SA 2.0 licensed
> work which requires all derivatives to be licensed on CC BY-SA 2.0 terms
> (that are far more restrictive than the ODbL).
>
> Am 06.10.2019 um 15:05 schrieb Lars-Daniel Weber:
> > Dear users,
> >
> > I've drawn a map based on the official OpenStreetMap tiles, which are licensed under CC-BY-SA 2.0 using QGIS. The result is stored as a shapefile. The shapefile should be published to students to work with it. It might be printed and shared otherwise.
> >
> > Most of the time during the drawing, I've oriented myself on elements existing in OSM (rivers, streets etc.), but sometimes I've divided areas by own knowledge or by own needs. The resulting shapefile doesn't contain OSM data (nothing got extracted) and it doesn't have the quality to contribute back to OSM (I've generalized the geometries by hand).
> >
> > Is this a "produced work"? Can I release the shapefile under my own license, but attribute each element as "based on OpenStreetMap"? What license shall I point to? Since it's not directly based on the ODbL data (it's based on the rendered style), will data extracted from the map from others fall under ODbL again?
> >
> > Sincerely yours,
> > Lars-Daniel
> >
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