[talk-ph] On public domain data in the Philippines

D Tucny d at tucny.com
Mon Mar 2 09:44:13 GMT 2009


I don't know if it should disturb you so much :) At the end of the day, if
some government data is found that is usable, you can ask if it's OK to use
in OSM where the license would permit people to pretty much do what they
want with the data... If they say no, then, as it stands, the data is
unusable, but, if they say yes, it seems that all is OK as long as they give
the appropriate assertions that the data is free to use without restrictions
imposed by any thirdparty data providers...

The last bit can be important... In the UK for example, while a local
government may be willing to provide all their GIS data to OSM, OSM can't
use it as all local governments use Ordinance Survey (UK government
sponsered mapping company) map data as a base which is itself copyrighted
making the local government data a derived work of the Ordinance Survey
data... The US's tiger dataset in comparison is entirely produced by the US
census office, which being a government office can't claim copyright... (All
as I understand it)

It sounds like the philippine copyright law is trying to be as open as the
US copyright law but without wanting to miss a chance for the government to
get some extra cash out of it, which is a bit disappointing...

d

2009/3/2 maning sambale <emmanuel.sambale at gmail.com>

> Thanks for the info.  The prior approval clause disturbs me a bit
>
> On Sun, Mar 1, 2009 at 12:05 AM, Eugene Alvin Villar <seav80 at gmail.com>
> wrote:
> > Hi Maning,
> >
> > Please see section 176.1 of the Intellectual Property Code of the
> > Philippines (http://www.chanrobles.com/legal7copyright.htm). It says
> there:
> >
> >> No copyright shall subsist in any work of the Government of the
> >> Philippines. However, prior approval of the government agency or office
> >> wherein the work is created shall be necessary for exploitation of such
> work
> >> for profit. Such agency or office may, among other things, impose as a
> >> condition the payment of royalties.
> >
> > The "no copyright" phrase is probably intended to mean "public domain" (a
> la
> > the U.S. copyright law) but the subsequent condition of a requirement of
> > prior approval for commercial purposes means that this is definitely NOT
> > public domain. There's actually a contradiction by saying "no copyright"
> > followed by a "prior approval ... is necessary".
> >
> > Now, I'm not sure whether the "Government of the Philippines" means every
> > government agency, including local government units, or simply the
> National
> > Government. But if, say, Naga City says that their data is in the public
> > domain, then it probably is, overriding the provisions of the IPC.
> >
> > This is something that has been bugging the Filipino Wikipedian community
> > for several years now. We actually plan to lobby for the repeal of this
> > "prior approval" clause so that works by the Philippine Government will
> > truly be in the public domain. But we have to set-up Wikimedia
> Philippines
> > first to give the lobby a legal entity.
> >
> > Regards,
> > Eugene
> >
> >
> > On Sat, Feb 28, 2009 at 2:51 PM, maning sambale <
> emmanuel.sambale at gmail.com>
> > wrote:
> >>
> >> Eugene,
> >>
> >> I vaguely remember during our meet-up in Grappas that you were
> >> discussing something about the use of public domain data in the
> >> Philippines.  You mentioned that data in the public domain as defined
> >> in the Philippines cannot be used for commercial purposes.  Did I get
> >> this right?
> >>
> >> Please clarify.
> >>
> >> --
> >> cheers,
> >> maning
> >> ------------------------------------------------------
> >> "Freedom is still the most radical idea of all" -N.Branden
> >> wiki: http://esambale.wikispaces.com/
> >> blog: http://epsg4253.wordpress.com/
> >> ------------------------------------------------------
> >
> >
> >
> > --
> > http://vaes9.codedgraphic.com
> >
>
>
>
> --
> cheers,
> maning
> ------------------------------------------------------
> "Freedom is still the most radical idea of all" -N.Branden
> wiki: http://esambale.wikispaces.com/
> blog: http://epsg4253.wordpress.com/
> ------------------------------------------------------
>
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