[Osmf-talk] [OSM-talk] Attribution guideline status update

[Christoph Hormann]

On Thursday 31 October 2019, Kathleen Lu wrote:
> > This is why I said *likely* and not *universally* or *always*.
> > Please
>
> don't put words in my mouth and then declare adamantly that the thing
> I did not say is wrong. I will also note that, whether you meant it
> or not, your comment comes off as an insult that I am not competent.
> I would ask that you keep the discussion polite.

I did not mean to insult but you using your formal qualification in lieu
of an actual argument did not seem very polite to me either.

In any case - the technical method of reproducing an image (the
screenshot) has IMO no bearing on the likeliness that a certain use of
this image is fair use.  If you meant to use the term 'screenshot' in
the sense of a specific class of use cases your statement would make
more sense - but then the scenario of KaiRo of attribution being cut
away 'incidentally' becomes a highly questionable speciality (and let's
face it - incidentally cutting away attribution is not something that
tends to happen in reality, this is almost universally intentional).

We seem ultimately in agreement that the deciding factors of something
qualifying as fair use are the specific circumstances of the situation.

> We specifically noted that for incidental footage of a third party
> map, the producers of the video/films did not need to do anything
> additional. We did this because we thought that incidental footage
> was probably fair use. If that was not clear enough in the draft,
> then I will note that as feedback to make it clearer in the next
> draft.

If that is the case (i.e. you make a recommendation based on what the
law in the US permits but which might not be allowable elsewhere based
on the ODbL) i would recommend removing that recommendation.

Because - as Nuno already implied - cherry picking the most lenient
jurisdiction on a case by case basis to generate the most lenient
attribution recommendations is not really a good idea.

People looking at the EU database directive as an inconvenient
constraint to their business models often seem to forget that EU
database protection also comes with contraints and limitations that do
not exist in classic copyright - most obviously the shorter protection
duration.

--
Christoph Hormann
http://www.imagico.de/