[OSM-legal-talk] CC-BY-3.0 *IT* license

[Andrea Musuruane]

Hi!

On Sat, Oct 1, 2022 at 4:55 AM Paul Norman via legal-talk <
legal-talk at openstreetmap.org> wrote:

> On 2022-09-30 8:24 a.m., Simon Poole wrote:
> > But in any case: if the licensor applied the licence to a work/dataset
> > in which they only have sui generis database rights then waiving the
> > sui generis rights would boil down to waiving all rights.
> >
> > But
> >
> > a) you would need to determine with a high degree of certainty that
> > there are no other rights involved.
>
>
> This would become particularly complicated for works which have no
> copyright protection in Italy, but do elsewhere. Best not to rely on it.
>

We are not talking about copyright here. Copyright protects creative works
(e.g. a song, a photo, a novel, etc). We are talking about sui generis
right as drafted by the directive 96/9/EC. This right is applied within the
European Economic Area (and the UK but only if the dataset was produced
before January 1st, 2021). It is also the same right the ODbL relies on.
And this is a bit troublesome for OSM since the OSMF is a registered in
England and Wales.

Kind Regards,

Andrea
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