[OSM-legal-talk] Images ineligible to copyright as a simple shapes (OSM Wiki)

Tue Mar 9 00:26:48 UTC 2021

No. 

For 
https://wiki.openstreetmap.org/wiki/File:Balise-blanc-rouge-sentier-de-l-estrie.png
 "works are not original enough to qualify for copyright"
seemsclearly applicable.

As you mention, I marked it as too simple to qualify for copyright.

It means that it requires no further info about licensing status,
as it is not copyrightable as too simple.

What means that it will be not deleted due to copyright issues.

In this case I am pretty sure about it, I am less sure whatever the same can be
said about some far more complex images like ones that I linked such as
https://wiki.openstreetmap.org/wiki/File:2020_st_placeofworship_pastafarian.svg

Disclaimer: I am not a lawyer.

Mar 9, 2021, 00:24 by pierzenh at yahoo.fr:

> Hi Mateusz,
>
> Below is an image you modified the copyrigth recently saying this is not original enough to have a copyright, with a rectangle with to bands of colors.
> see > https://wiki.openstreetmap.org/wiki/File:Balise-blanc-rouge-sentier-de-l-estrie.png
>
> I agree with you that nothing original. But such image is used with various colors represent the Classification of trails and correspond to symbols you will see while hiking on the trail.  Quite usefull if even not quite original. 
>
> Are you saying that even such image could create problems and should be deleted ? 
>
> In this case, I did identified it as related to an hiking club. Are you also thinking that such image description should be revised with a more generic description ?
>
>  
> Pierre 
>
> Le lundi 8 mars 2021 18 h 00 min 39 s UTC−5, Mateusz Konieczny via legal-talk <legal-talk at openstreetmap.org> a écrit :
>
>
> I see following possibilities:
>
> - works are explicitly licensed, I just need proof of that (failed so far)
> - works are intended for sharing, uploaded by author and OK for keeping also without
> explicit licensing.
>    - but is it OK to reuse such works? Is keeping it on Wiki setting a trap for potential reusers?
>      I know that on for example > https://commons.wikimedia.org/>  something like that would be
>     deleted but maybe we should be less strict?
>      Is it OK for me to take it and use it in CC-BY-SA 4.0 licensed map style that would be 
>      publicaly displayed?
> - works are not original enough to qualify for copyright (rejected)
>
>
> Mar 8, 2021, 20:54 by kathleen.lu at mapbox.com:
>
>> Based on the user page and >> https://wiki.openstreetmap.org/wiki/Map_Icons/Map_Icons_Standards>> , it sounds like the user themself created the icons. If that's the case, there is no additional license required, at least for the uses the user originally uploaded the icons for, so I see no reason for you to request deletion. 
>>
>> On Mon, Mar 8, 2021 at 11:26 AM Mateusz Konieczny via legal-talk <>> legal-talk at openstreetmap.org>> > wrote:
>>
>>> Mar 8, 2021, 19:43 by >>> kathleen.lu at mapbox.com>>> :
>>>
>>>> At least in the US, the threshold is quite low, and I would say all of your examples meet the threshold.
>>>> (For road signs, but not icons, there's also separately the issue of fair use.)
>>>>
>>> :(
>>>
>>> Now I am worried about some other things from
>>> https://wiki.openstreetmap.org/wiki/Category:PD-licensed_as_below_threshold_of_originality
>>>
>>> https://wiki.openstreetmap.org/wiki/File:Multipolygon_Illustration_3_de_plus_benachbarte_fl%C3%A4che.svg
>>>
>>> https://wiki.openstreetmap.org/wiki/File:Mapbox-680.png
>>>
>>> https://wiki.openstreetmap.org/wiki/File:Amenity_stripclub-icon.png
>>>
>>> https://wiki.openstreetmap.org/wiki/File:Amenity_stripclub.svg
>>>
>>> https://wiki.openstreetmap.org/wiki/File:Brasil_history_points.svg
>>>
>>> https://wiki.openstreetmap.org/wiki/File:Icon-Edit-map.png
>>>
>>>
>>>> I do note that all of your examples came from the same user. Have you tried contacting that user? 
>>>>
>>> Yes. >>> https://wiki.openstreetmap.org/wiki/User_talk:Sergionaranja
>>>
>>> Replied to request in 2014, but I am not sure how can I interpret this and it applies 
>>> to only subset at best.
>>>
>>> Q: Would it be OK for you to let us distribute your icons alongside JOSM code (GPL2+) ?
>>>
>>> A: it is ok with me
>>>
>>> There was no reply to request in 2016, so I am not expecting reply to my request,
>>> sadly it may be necessary to delete them :(
>>>
>>> I will try to reach out again or in some other way as this icons are pretty nice and 
>>> may be useful (unlike some less useful images where I just request deletion by wiki admins).
>>>
>>> Scroll down on >>> https://wiki.openstreetmap.org/wiki/Category:Labelled_for_deletion>>>  page
>>> to see where deletion is currently requested.
>>>
>>>>
>>>> On Sat, Mar 6, 2021 at 1:31 AM Mateusz Konieczny via legal-talk <>>>> legal-talk at openstreetmap.org>>>> > wrote:
>>>>
>>>>> I am trying to process >>>>> https://wiki.openstreetmap.org/wiki/Category:Media_without_a_license
>>>>>
>>>>> My problem right now is deciding which images fit 
>>>>> https://wiki.openstreetmap.org/wiki/Template:PD-shape
>>>>> "simple geometric shapes. These are not eligible for copyright alone because they are not original enough"
>>>>>
>>>>> For example I am unsure about:
>>>>> https://wiki.openstreetmap.org/wiki/File:2020_st_powergensource_wind.svg
>>>>> https://wiki.openstreetmap.org/wiki/File:2020_st_placeofworship_shinto.svg
>>>>> https://wiki.openstreetmap.org/wiki/File:2020_st_amenity_pub.svg
>>>>> https://wiki.openstreetmap.org/wiki/File:2020_st_amenity_restaurant.svg
>>>>> https://wiki.openstreetmap.org/wiki/File:2020_st_placeofworship_sikh.svg
>>>>> https://wiki.openstreetmap.org/wiki/File:2020_st_placeofworship_pastafarian.svg
>>>>>
>>>>> I would appreciate any help in any of below:
>>>>>
>>>>> - deciding whatever describing this images as simple geometric shapes
>>>>> ineligible for copyright as not original enough is correct
>>>>>
>>>>> - looking at
>>>>> https://wiki.openstreetmap.org/wiki/Category:PD-licensed_as_below_threshold_of_originality
>>>>> whether images there are actually so simple to be below threshold of originality
>>>>>
>>>>> - help in spotting wrong or misleading content on any of linked pages
>>>>> (I am not a lawyer)
>>>>>
>>>>> - help in processing >>>>> https://wiki.openstreetmap.org/wiki/Category:Media_without_a_license
>>>>> (marking images for deletion where appropriate, replacing images with unclear copyright
>>>>> with one where it is clear, asking uploaders to clarify licensing status etc)
>>>>> _______________________________________________
>>>>> legal-talk mailing list
>>>>> legal-talk at openstreetmap.org
>>>>> https://lists.openstreetmap.org/listinfo/legal-talk
>>>>>
>>>
>>> _______________________________________________
>>> legal-talk mailing list
>>> legal-talk at openstreetmap.org
>>> https://lists.openstreetmap.org/listinfo/legal-talk
>>>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20210309/f949bae4/attachment.htm>