[Osmf-talk] Copyright in the Digital Single Market

Dan Stowell danstowell at gmail.com
Thu Sep 13 08:16:26 UTC 2018


As given in the other thread on this topic, it looks to me like
Amendment 61 protects OSM/OSMF from direct risk.* (But potentially
some concern for commercial users of our data, who might need to do
more filtering?) If I'm right about Am.61 then it protects our aerial
imagery mapping work too (i.e. Oleksiy's example). If there are other
risks for OSM I'd be grateful for a simple explanation.

I think the message that started this thread was about taking a
principled stand rather than simply protecting our own backs. Still,
I'd be grateful for others helping us to understand.

Best
Dan


* Amendment 61 is in here (use ctrl+F):
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A8-2018-0245+0+DOC+XML+V0//EN
Op do 13 sep. 2018 om 08:49 schreef Oleksiy Muzalyev
<oleksiy.muzalyev at bluewin.ch>:
>
> In this Wikipedia article: https://fr.wikipedia.org/wiki/Buvette_Prouv%C3%A9-Novarina
>
> there is the text instead of the illustration photo: "Bâtiment soumis au droit d'auteur", in English it means: "Building subject to copyright". The owner of this building for some reason does not want it to be photographed.
>
> However there is still the photo of this building on satellite imagery, and it is mapped at the OSM accordingly: https://osm.org/go/0CHfVKnEW?m=
>
> In my opinion since the building is clearly visible to public on the ground it could be visible on a photo. Still it is forbidden to publish its photo at Wikipedia. The obvious question is, - if it cannot be photographed from the ground, can it be photographed from space by a satellite? Of from the air by a drone? And mapped consequently?
>
> On the other hand, it is close to impossible to ask every building owner if he consents his building photographed from space. In other words reductio ad absurdum.
>
> Best regards,
> Oleksiy
>
> On 13.09.18 08:47, Jaak Laineste wrote:
>
>
> Can you do quick summary what is the issue or threat for OSM exactly here, in layman's terms?
>
> I understand how Wikimedia as generic platform has their concerns, as they may need to cite articles from traditional media etc. AFAIK OSM has very "appropriate and proportionate " measures in place since the beginning, just as required in the bill, to protect against illegal upload of copyrighted content, which are illegal imports in our terms. It is never bullet-proof, but I don't see any legal risk or trouble here. Of course it could be me being ignorant or naive.
>
> Jaak
>
>
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