[Talk-us] sweat of the brow & sui generis database rights | Re: Interested in importing address points in New York State
Mateusz Konieczny
matkoniecz at tutanota.com
Thu Jul 16 16:07:47 UTC 2020
16 Jul 2020, 16:33 by rory at technomancy.org:
> On 16/07/2020 13:35, Russell Nelson wrote:
>
>> As you say, it's just a listing of facts about the world. At most the presentation of them is copyrightable, but as Skyler noted, he's changing the presentation.
>>
>> No license needed for facts.
>>
>
> Remember, that might the law in the USA, but not in the whole world, including the UK, where (lots of) the OSM servers & legal body is based, which can have the “sweat of the brow” doctrine, rather than the higher “creativity” requirement. In addition, many countries (incl. EU & UK) have “sui generis database rights”, which give copyright like protections to collections of facts. OSM uses that legal protection.
I am not a lawyer, but I am pretty sure
that it is not relevant to the data published
by New York State (that was produced
in US jurisdiction).
> Regardless, OSM is not a forum to explore the grey areas of international copyright law. If we're not sure, we don't use it! 🙂
>
+1, but hopefully with some research we
may becone sure what is the legal situation
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