[OSM-newbies] Fwd: Re: Re: Footpaths again

[Phil Monger]

I have a lot of experience with OS copyright - and the gist goes like this.
If you *needed to use the map* to locate or sort through the information,
public data or not, then your work is derivative and OS have an IPR interest
in that data.

So, if you are using the map to find and locate access land, street names
(or anything else) your work is derivative. If you could have done the task
without the map, and nothing else to replace it (like simply marking
coordinates *without reference to the base map* you have recorded) then your
work is non-derivative.

On 19 March 2010 22:48, Richard Weait <richard at weait.com> wrote:

> On Fri, Mar 19, 2010 at 10:15 AM, Andre Engels <andreengels at gmail.com>
> wrote:
> > On Fri, Mar 19, 2010 at 3:04 PM, James Ewen <ve6srv at gmail.com> wrote:
> >
> >> So you would not be able to reference the information contained on the
> >> maps from the Highway Authority, if they are under a copyright.
> >>
> >> The location of the path is not copyright, but you can't copy the
> >> locations off the map.
> >>
> >> The name of the path isn't copyright, but you can't copy the name off
> the map.
> >
> > Incorrect, you are perfectly allowed to retrieve any non-copyrighted
> > information from a copyrighted source. Getting all the information
> > from a single copyrighted source usually will be covered under
> > collection copyright, but getting single pieces of information, or
> > even a number of them, is allowed.
>
> You are incorrect in the context of OpenStreetMap and this newbies list.
>
> The OpenStreetMap project does not permit copying anything from
> copyright-protected materials into OpenStreetMap.  You might, in some
> jurisdictions, be able to argue that copying a single point of
> information from a source is fine, but that is not that case in OSM.
> We have decided that we will not do that and that it is unacceptable
> in our community.  We wish to stay "cleaner than clean" with respect
> to copyright and with respect to respecting the rights of those who
> publish other maps. Just as we expect them you respect our license and
> rights.
>
> The "single point of data from a map is okay" argument can not be used
> in regards to OSM, as we are a community of 100s of thousands.  We're
> each member to make this "single point" breach, it might look to a
> copyright holder, like "systematic" copying.
>
> To be clear.  Copying data from encumbered sources is not okay.  We
> don't do that in the OpenStreetMap community.
>
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>
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