[OSM-talk] How is there not any creative-type (US) copyright in OSM data?

Michael Barabanov michael.barabanov at gmail.com
Mon Dec 7 16:52:45 GMT 2009


Really, considering how many discussions about how to map things (just
recall all those footway/cycleway discussions) have been on these lists, at
least tagging seems to be a creative process right now.

On Mon, Dec 7, 2009 at 7:37 AM, Anthony <osm at inbox.org> wrote:

> On Mon, Dec 7, 2009 at 10:11 AM, Ed Avis <eda at waniasset.com> wrote:
>
>> Anthony <osm <at> inbox.org> writes:
>>
>> >Why do people believe that there no creative copyright in OSM data
>>
>> >I'm going with that assumption because that's what the OSM, Creative
>> Commons,
>> >and Open Data Commons, all are telling us.
>>
>> Do you have sources for that?  I haven't seen any statement by the OSMF
>> saying that there is no creativity (and hence, in some countries, no
>> copyright)
>> in the OSM data.
>>
>
> I'm basically going on what I read in
> http://www.osmfoundation.org/images/3/3c/License_Proposal.pdf and the
> supporting documents.  Rereading it, I guess it doesn't come right out and
> say that OSM isn't protected by US copyright (although I'd find it extremely
> unlikely for such a definitive legal statement to be made even if it were
> true).  It implies it, though, and says "full background can be read" at
> http://www.osmfoundation.org/wiki/License/Why_CC_BY-SA_is_Unsuitable ,
> which in turn says "*Conclusion*: It is quite likely that OSM data is not
> protected by U.S. (and other jurisdictions') copyright laws."  About as
> definitive of a legal statement as you're likely to get for free.  I'm not
> sure who the author of that conclusion was, though.  But the OSMF seemingly
> endorsed it by linking to it for "full background".
>
> Similarly I don't think Creative Commons have said that.  They have
>> published
>> opinions on what licences might be suitable for factual data, but they
>> haven't
>> made any pronouncement on the legal status of OSM data in particular.
>>
>
> You're probably right on that.  Again, I didn't read the license proposal
> carefully enough, and while it makes the implication that CC made that
> conclusion, presenting the CC statement: "In the United States, data will be
> protected by copyright only if they express creativity." after "Creative
> Commons themselves have said several times that CC BY-SA is not suitable for
> OSM.", I now realize that this is misleading.
>
> Good catch.
>
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