[OSM-legal-talk] Changeset Comments Copyright

[Matthew Woehlke]

On 22/09/2020 17.43, GITNE wrote:
> As far as I can tell no document covers changeset comments either 
> explicitly nor implicitly. The Contributor Terms state that
> “…contributing data and/or any other content (collectively,
> “Contents”) to the geo-database of the OpenStreetMap project (the
> “Project”)” is explicitly limited to contributions to the
> geo-database (map database). As far as I can tell changeset comments
>  are not part of the OSM's geo-database. Changeset comments
> themselves do not contain any geo-data, they merely reference a
> changeset. The changeset contains geo-data and is what actually
> becomes part of the geo-database. Thus naturally changesets are 
> covered by the Contributor Terms but not changeset comments. 
> Consequently, it should be fair to assume that the copyright to
> changeset comments remains with their respective authors. However,
> since changeset comments are apparently neither explicitly nor
> implicitly covered by any agreement or license, it should be also
> fair to assume that by the act of creating comments on OSM's website 
> commentators do grant copyright to the OSMF, though limited in scope.

I'm pretty sure there is no *copyright* granted to OSM. Likewise...

> It is fair to assume that the scope is limited to the production or
> quality assurance of the map. I think that given this situation it
> should be very difficult to argue that commentators implicitly grant
> copyright to any other party than the OSMF, publish comments into the
> public domain, or for any extended purpose.
> 
> Anyhow, imho either way it would not be wise—today's more fashionable
>  word here would be “smart”—for the OSMF to grant changeset comment
> copyright to others.

I am ***almost certain*** that OSM does not grant *copyright* to other 
parties.

I'm pretty sure the term you want is *license*. This may sound pedantic, 
but this is an area where getting your terminology correct can matter, 
and there is a ***huge*** difference between granting "copyright" 
(assigning *total ownership and all rights* to another party) and 
granting "license" (extending *limited* rights to another party while 
retaining ownership).

As far as I know (and can tell from 
https://wiki.osmfoundation.org/wiki/Licence/Contributor_Terms), 
contribution to OSM are *not* subject to copyright assignment.

-- 
Matthew