[Talk-us] [Imports] [Talk-us-newyork] Draft proposal for import of New York State GIS SAM Address Points

[Brian May]

True. This issue usually comes up when a government purchases a license 
from a private company to use an existing data set the company provides.

However, if the government is contracting for services to help build a 
database that must be public domain or otherwise "open", they cannot 
contract with a company demanding proprietary rights. When I worked for 
a state government agency and we contracted out data development, the 
contractual language always specified the resulting work was the 
property of the state and not the company. Basic work for hire doctrine.

There could be other issues at play regarding the states pointed out 
below. The Feds running the NAD project require the data is public 
domain. Number one may be the fact that those states either do not 
explicitly declare the data is public domain, the license is ambiguous, 
or they assert some other license which still may be compatible with OSM 
(and OpenAddresses, etc). Or they may explicitly declare GIS data is 
"special" and put limits on it. More research required.

Brian

On 1/20/2021 7:11 PM, IsStatenIsland via Talk-us wrote:
> Works by contractors of the federal government may still be under 
> copyright. I expect this to apply to works of state governments and 
> agents thereof.
>
> For example, the NAD has this note:
>
> *Dark Purple color indicates the data may not be in the public domain 
> for the following (6) whole states:* Kansas, Kentucky, Michigan, New 
> Hampshire, North Dakota, and South Carolina; and *the following (3) 
> partial states including parts of *Colorado, Maryland, and South Dakota.

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