[OSM-talk] Breach of Copyright?

Nick Whitelegg Nick.Whitelegg at solent.ac.uk
Thu Oct 1 10:03:28 BST 2009

And as I said before I am 99.99999% certain that this is not breach of 
copyright in the UK either. As I said before this is identical to the case 
where someone plans a route using an atlas then uploads their traces to 
OSM, using their own observations to tag the roads, not the atlas.

(Apologies for top posting, it's my mail client)


"Dave F." <davefox at madasafish.com> 
Sent by: talk-bounces at openstreetmap.org
01/10/2009 01:45

Russ Nelson <nelson at crynwr.com>
OSM Talk <talk at openstreetmap.org>
Re: [OSM-talk] Breach of Copyright?

Russ Nelson wrote:
> Dave F. writes:
>  > I look for /indications /of rights of way on my OS map. Initially 
>  > is the only evidence I have.
>  > If I see it's not indicated in OSM I go & walk it.
>  > I'm pretty certain I'm not the only one who does this.
>  > 
>  > Is this a breach of copyright?
> Not in the US.  Not in any way, not at all.  Copyright in the US
> protects creative expression, not information.  If something is a
> representation of a fact, the creative elements of that representation
> are copyrightable.  The fact is not copyrightable.  You are using the
> OSM maps in a manner which is non-infringing under US law.
> Further, under US law, if there is only one way to express something,
> you cannot claim a copyright on it, even if you can show that you
> exercised creativity in creating it.
> Now, you *can* claim a copyright on a collection of facts, but the
> copyright applies to the collection, not the individual facts.  Your
> creativity was applied to the choice of which facts to include in the
> collection.
> Obviously you are in the UK making reference to a work under UK
> copyright, so none of this applies to you.  I merely put this here so
> that people in the US understand that they CAN do what you are doing.
Oh to live in in the land of the free. :-)

Thanks for your reply.
Dave F.

talk mailing list
talk at openstreetmap.org

More information about the talk mailing list