[talk-au] Copyright questions

[Jamie Boyd]

Date: Wed, 06 Jan 2010 05:29:14 +1100

From: John Henderson <snowgum at gmx.com>

Subject: Re: [talk-au] Copyright questions

To: Talk-AU at OpenStreetMap <talk-au at openstreetmap.org>

Message-ID: <4B4384FA.7060800 at gmx.com>

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John Smith wrote:

> 2010/1/5 Richard Colless <firefly at ar.com.au>:

>> The issue of copying names from a street directory is very similar. 

>> The publishers of the directory hold copyright over the graphic 

>> layout of the map, but they cannot hold copyright over the street 

>> names themselves. Those

> 

> That's assuming what they printed is correct, mapping companies have 

> lots of errors in their maps, some errors are intentional to catch 

> copyright infringements.

 

I've been playing it safe to date, and not entering any road names from maps
unless I get agreement between the maps of companies with different
ownership.

 

> Only councils (or developers or the street signs) would actually have 

> original authoritative information on the street names.

> 

>> names are in the public domain. If you look up a street name in the 

>> directory, then you now know that name. If you then use it to name a 

>> street

> 

> The Telstra case of their copyright on white pages here would be 

> relevant, and to a lesser extent from what I understand the IceTV 

> ruling, however unless you are willing to personally fund an OSM 

> defence fund why risk everyone else's work over it?

 

I missed that Telstra case.  Do you have a reference to a good summary?

 

John

 

 

 

------------------------------

 

Date: Wed, 06 Jan 2010 05:29:14 +1100

From: John Henderson <snowgum at gmx.com>

Subject: Re: [talk-au] Copyright questions

To: Talk-AU at OpenStreetMap <talk-au at openstreetmap.org>

Message-ID: <4B4384FA.7060800 at gmx.com>

Content-Type: text/plain; charset=ISO-8859-1; format=flowed

 

John Smith wrote:

> 2010/1/5 Richard Colless <firefly at ar.com.au>:

>> The issue of copying names from a street directory is very similar. 

>> The publishers of the directory hold copyright over the graphic 

>> layout of the map, but they cannot hold copyright over the street 

>> names themselves. Those

> 

> That's assuming what they printed is correct, mapping companies have 

> lots of errors in their maps, some errors are intentional to catch 

> copyright infringements.

 

I've been playing it safe to date, and not entering any road names from maps
unless I get agreement between the maps of companies with different
ownership.

 

> Only councils (or developers or the street signs) would actually have 

> original authoritative information on the street names.

> 

>> names are in the public domain. If you look up a street name in the 

>> directory, then you now know that name. If you then use it to name a 

>> street

> 

> The Telstra case of their copyright on white pages here would be 

> relevant, and to a lesser extent from what I understand the IceTV 

> ruling, however unless you are willing to personally fund an OSM 

> defence fund why risk everyone else's work over it?

 

I missed that Telstra case.  Do you have a reference to a good summary?

 

John

 

 

 

------------------------------

The case is Desktop Marketing Systems Pty Ltd V Telstra Corporation Ltd
[2002] FCAFC 112  http://www.austlii.edu.au/au/cases/cth/FCAFC/2002/112.html

 

The issue for a copyright holder making an action against OSM associated
with the use of Street Names would be to get a finding that the name
represents a substantial part. This is a complex issue but the occasion use
may well represent a very difficult argument for the holder to make.
However, significant referencing to another's map would be a very different
matter. The important aspect in this thread is that you should not be using
any copyrighted material - ever and without expectation. O in OSM is for
open and taking others work effort is not the idea. Open is not free, the
cost is that we have to do some work to make it competitive. We may not have
seem much in the way of challenges to date but the product is starting to
reach a point where it is beginning to be competitive with the commercial
product - we need to be aware that this will be when the challenges come..

 

Cheers 

 

Jamie





 

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