Hi, My understanding (emphases are mine):
“*Contents*” – The contents of this Database, which includes the > information, independent works, or other material collected into the > Database. For example, the contents of the Database could be factual data > or works such as *images*, audiovisual material, text, or sounds. ... “*Produced Work*” – a work (such as an *image*, audiovisual material, text, > or sounds) resulting from using the *whole or a Substantial part of the > Contents* (via a search or other query) from this Database, a Derivative > Database, or this Database as part of a Collective Database. ... 4.3 Notice for using output (Contents). Creating and Using a Produced Work > does not require the notice in Section 4.2. However, if you Publicly Use a > Produced Work, You must include a notice associated with the Produced Work > reasonably calculated to make any Person that uses, views, accesses, > interacts with, or is otherwise exposed to the Produced Work aware that > *Content > *was obtained from the Database, Derivative Database, or the Database as > part of a Collective Database, *and that it is available under this > License*. ... > 4.8 Licensing of others. You may not sublicense the Database. Each time > You communicate the Database, *the whole or Substantial part of the > Contents*, or any Derivative Database to anyone else in any way, *the > Licensor offers to the recipient a license to the Database on the same > terms and conditions as this License*. *You are not responsible for > enforcing compliance by third parties with this License*, but You may > enforce any rights that You have over a Derivative Database. You are solely > responsible for any modifications of a Derivative Database made by You or > another Person at Your direction. *You may not impose any further > restrictions on the exercise of the rights granted or affirmed under this > License*. If I read these articles correctly, then the Produced Work obtained from ODbL-licensed Database must be licensed under the ODbL license (once you publicly use the Produced Work). But it's not your responsibility to enforce the license on 3rd parties that use your Produced Work. Igor On Mon, Oct 22, 2012 at 10:41 AM, Robert Whittaker (OSM) < robert.whittaker+...@gmail.com> wrote: > I have a question concerning the ability of someone creating produced > works from an ODbL-licensed database to license that produced work for > use by others. Strictly speaking it's a question about the ODbL, > rather that OSM, but since it will have a significant effect on OSM > users, I thought I would try asking here. For reference, the ODbL > license text can be found at > http://opendatacommons.org/licenses/odbl/1.0/ > > I understand that if someone creates and then "publicly uses" a > produced work from an ODbL-licensed database then they are required to > add some text to the produced work saying that it came from such a > database > (ODbL 4.3), ensure that any derivative database created along the way > are under a suitable license (ODbL 4.4) and also meet the requirements > for providing the final database or algorithm used to produce > it (ODbL 4.6). > > That's all fine. My question is: how can that produced work then be > licensed to others? Are there any restrictions placed on what license > someone could offer the produced work under? Do they have to ensure > that other users and creators of derivative works maintain the > attribution back to the original ODbL database? Or could they offer > the work under something like the CC0 license? Do they have to > share-alike > the produced work? Or can they keep it "all rights reserved"? > > This would seem to be quite an important question for OSM data users > who are producing map tiles, and I can't see anything to specifically > address this in the ODbL itself. Except perhaps in clause 4.3, which > could be > taken as a viral attribution requirement on any re-uses of the > produced work. However, 4.3 only refers to the produced work itself, > and not any derivative works arising from it. > > My understanding is that you don't have to share-alike produced works > and can keep them "all rights reserved" if you want (though the other > requirements listed above may mean that others could replicate your > work quite easily, so it may not be that effective to do so). I also > don't think there's anything to stop people CC0-ing produced works, > but I'm not as confident on this point. So I'd appreciate any > clarification and/or reasoning that anyone can give. > > Many thanks, > > Robert. > > -- > Robert Whittaker > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/legal-talk >
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