[Tagging] opening_hours:sign=no - RFC

Paul Allen pla16021 at gmail.com
Wed May 23 23:56:05 UTC 2018


On Thu, May 24, 2018 at 12:23 AM, Warin <61sundowner at gmail.com> wrote:

> On 24/05/18 08:26, Paul Allen wrote:
>
> [Getting opening hours from websites]

>
> Most websites have some copyright thing .. that makes some nervous.
> I usually only tag things that interest me, and stuff I like to support.
>

In countries which are signatories to the Berne Convention (which is most
of them),
copyright applies AUTOMATICALLY to any creative work, whether that
copyright is
asserted or not.  Websites often assert copyright and signs showing opening
hours
usually do not, but they both ARE copyright.  AUTOMATICALLY.

Would a copyright claim over opening hours (however the info was obtained)
be upheld?  Very unlikely.

1) Telephone companies have lost claims against people who produced DVDs
of their phone books (by having lots of people keyboard the information).
The
same goes for tide tables and bus timetables.  The info was deemed
insufficiently creative.

2) The shop isn't making money by selling copies of the opening hours so
putting those hours into OSM is not depriving them of income.

Would a copyright claim even be asserted?

1) It's in the company's interest to have their opening hours known to
potential customers.

2) It would be expensive to mount a claim, and the claim would be unlikely
to succeed.

If you really are worried about getting opening hours from a website
then you should be just as worried about getting it from a sign.  Either
way you should ask the owner for permission because the risk is the
same either way.

Note: IANAL.

-- 
Paul
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