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

[Kathleen Lu]

I concur with KaiRo that screenshots are likely fair uses under US law (and
IAAL). They are small excerpts of the larger work (the map, or if you are
comparing to the database, even less is copied), the underlying work is
factual, the purpose is to provide an example and there is a good argument
the screenshot is noncommercial, and there is no impact on the market for
the original.

Even before you get to a fair use analysis, I would note that with a
screenshot, there would also be the question of whether the screenshot
contained enough copyrightable subject matter from OSM to be considered
more than *de minimus*. Remember that the US does not have protections for
databases, outside of thin copyright protection for the selection and
arrangement of the database as a whole.

I would also note that I do not think a *screenshot* from a map created
from a geodatabase would be considered "derivative work" under US copyright
law (note that "derivative work" is a defined statutory term, so I'm not
talking about the definition in ODbL). Rather, it would appear to be a
small excerpt.

I'm curious as to the reason for your doubts, Nuno. Are you aware of case
law to the contrary?




On Thu, Oct 31, 2019 at 10:13 AM Nuno Caldeira <nunocapelocaldeira at gmail.com>
wrote:

> highly doubt that a derivated work from a database that has a notice
> (attribution) required, which was then chopped to be considered under fair
> use. Especially when this is repeated thousand of times.
>
> On Thu, 31 Oct 2019, 13:56 Robert Kaiser, <kairo at kairo.at> wrote:
>
>> Simon Poole schrieb:
>> > It is however important to realize that their are limits to copyright
>> > and that for example lots of the "non-attribution" in the states is
>> > likely permissible fair use under US laws. It would still be good form
>> > to provide attribution, but it isn't something we can enforce and
>> > getting upset about such use is really just a tremendous waste of time.
>>
>> That "fair use" argument is actually pretty interesting and something
>> that people often may not think about. IANAL, but I would guess, for
>> example, that taking a screenshot of your app or website, which includes
>> a map and also does include attribution, and then crop it and cut away
>> the attribution incidentally, and use the result as a promotional image
>> on social media, may be a case where it would be considered "fair use"
>> and therefore attribution claims may never be successful due to this
>> exception from copyright law. The specific case is just a guess, but
>> things like that should be taken into account when we go out and demand
>> attribution on every little tidbit of OSM-based imagery we see floating
>> around...
>>
>> KaiRo
>>
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