[OSM-talk] [Osmf-talk] Attribution guideline status update

[Mateusz Konieczny]

warning: not a lawyer

1 Nov 2019, 10:35 by jfriedl at yahoo.com:

>> For ABC  I would not have chosen the term “require” from XYZ but they probably must make them aware 
>> that in the product they are selling there are third party rights (OpenStreetMap’s copyright) which come 
>> with certain obligations (ODbL).
>>
>
> In my example, OSM copyright doesn't apply to XYZ because it's simply not making a copy of OSM data.
>  The ABC company is taking OSM data and making a copy (map tiles).  It's ABC that is serving the map tiles.
>  It's ABC (and only ABC) that's actually accessing OSM data, so it's ABC (and only ABC) that has any
>  copyright exposure.
>
ABC is making and distributing derivative works of OSM data.

> It's as if I took your famous photograph and made a million prints and then advertised them for sale at stores throughout the world. The stores are not making copies of your photograph... they're just passing
> along information about a product. It's me who would be on the hook for the copyright violation, because
>  it's me who made the copies without right.
>

I think that you mix two things:

(1) Yes, there are some protection for unknowingly distributing materials violating copyrights 
(for example exemption from direct and indirect liability of Internet service providers and 
other intermediaries in DMCA). I am not sure whatever in your case shops would be liable or not -
probably depends on country and whatever your claim for owning copyright was credible and
other factors.

(2) In case of one person committing copyright violation/creating derivative works
original copyright (and copyright-like restrictions) still apply (though there is fun with de minimis,
fair use etc that as usual may or may not apply).
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