On 2 February 2011 19:05, Rob Myers <r...@robmyers.org> wrote: > On 02/02/2011 06:39 PM, Peter Miller wrote: > >> >> So... you are suggesting that you believe that no one will ever be able >> to overlay an osm map, or indeed an ccbya image with any image that not >> available on an open license even if the context of the two images is >> completely different? >> > > The context of the two images is the single derivative image.
I don't believe that a court would see it that way and it is a very unhelpful view for the project to take. > > > For the avoidance of doubt the base map is a >> direct clone of standard osm map rendering so is already available for >> reuse. It is only the combined image that is not. >> > > The fact that it is combined makes the resulting combination of the two > works a derivative of both. See above! > > > Please refer to the specific examples I have posed above to help direct >> the discussion. These include a map of the USA overlaid with crime >> statistics, a directions map overlaid with a photograph and a map of the >> Isle of White overlaid with some illustrations. >> > > They are all collages (combinations of visual elements in a single image) > and are therefore all derivative works. > As you will guess by I disagree with this statement as well! > Frederik has explained how it can be argued that BY-SA's private use > exception allows online mash-ups. Printed versions of the same works would > be distributed/publicly exhibited and so cannot be made under the same > exception. > > (IANAL, TINLA) > Indeed, I don't believe that there are any lawyers in the house! I do wish that the Foundation would pay for one from time to time to help with general questions like this which matter a lot to potential users of our lovely mapping. 10 non-lawyers are not the same as one lawyer. I will bounce this question of our lawyer at some point in the future and let people know at that point, until then I would encourage people to create combined works. Regards, Peter Miller > - Rob. > > > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/legal-talk >
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