Rob Myers <r...@...> writes: >We can produce a CC licenced set of map tiles from ODbL data. But we >cannot use those to make a Lady Gaga score or the original ODbL >database.
Actually, you can use them to produce a Lady Gaga score, if you somehow managed to do so independently without ever hearing her music before. That would be independent creation. It would, of course, require that nobody had added bits of Gaga-music to the OSM database without prior permission from the record company. >If we do, the original rights still apply to the recreated >work. CC licencing is not a way of circumventing that. The point is this. The CC text says that it grants you a copyright licence in the work. Clearly, that applies to all copyright interest in the work and not selectively to just the pictorial part of it (even if that concept existed). If you follow the terms of the licence, you are not infringing copyright. If you're familiar with the Ordnance Survey OpenData release in the UK, it's exactly the same situation. The original OS master database is copyrighted. Perhaps you are to some extent 'recreating' it by tracing from the Street View tiles, but that doesn't matter; you have a copyright licence from the Ordnance Survey to use those tiles, so as long as you don't cheat by looking at the original database, you can trace and derive whatever you like from them as long as you stay within the copyright licence granted. >What would prevent us from using an ARR map tile to magically recreate >the original ODbL database? If I received a printed map 'all rights reserved' and then produced a derived work from it such as a tracing, I'd probably be infringing the rights of the copyright holder of that printed map. On the other hand, if I had a licence (from a suitably authorized person) to make derivative works and distribute them under certain terms, I would be able to do that. >If we look at the licencing of "My Life In The Bush Of Ghosts", which >licenced individual track elements CC but not the original compiled >work, that's probably closer. >Exactly. And the copyright (or DB right) in the original data is an >entirely separate issue. Yes - it's quite separate - you do not receive any licence to the original data but you do get a licence to all copyright interest in the small bit of map you received; since you have not even looked at the original data you cannot be infringing copyright in that (similar to 'clean room' rules), and if you do things with just the extract you received then you are covered by the licence you received with that extract. -- Ed Avis <e...@waniasset.com> _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
