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

Wed Mar 10 13:48:51 UTC 2021

I know that Wikimedia Commons rules are not applying on OSM Wiki.

As far as I know they are quite restrictive with what is hosted there,
and have (as far as I know) decent explanation of legal situation.

So I feel relatively safe to assume that something hostable on
Wikimedia Commons can be also safely hosted at OSM Wiki.

I was unsure about situation of thing in more gray area where it can be assumed that
author either expressed desire for files to be reused (but never specified exact license)
or where even desire for files to be reused would be assumed.

It is good to know that in such cases there is no direct legal issue (though
as far as I know reuse of such files would be problematic).

Mar 9, 2021, 17:00 by kathleen.lu at mapbox.com:

> In my view, the author licensed the icons to OSM for OSM uses by adding them to the wiki. 
>
> It would appear, based on the instruction at > https://wiki.openstreetmap.org/wiki/Map_Icons/Map_Icons_Standards#2020_iconset:_templates_and_examples> : "> please if you do derivative work do not call it 2020iconset> " that the author intended for the icons to be reused.
> I understand the purpose of Wikimedia Commons (public domain commons) to be different from the OSM wiki (info about OSM) and therefore do not see why Wikimedia Commons' practices should set some kind of standard.
>
> On Mon, Mar 8, 2021 at 2:59 PM Mateusz Konieczny via legal-talk <> legal-talk at openstreetmap.org> > wrote:
>
>> 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)
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>>>>>> legal-talk at openstreetmap.org
>>>>>> https://lists.openstreetmap.org/listinfo/legal-talk
>>>>>>
>>>>
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>>
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