Re: [OSM-legal-talk] License / Copyright - OSM data for commercial use artistic map

2013-10-22 Thread Paul Norman
OpenLayers is very distinct from any map layers. OpenLayers is a piece of 
software, a map layer is generally a set of images.

 

I don’t see OpenLayers in use on the site you linked at all. Assuming the 
Papercraft map linked there is using recent ODbL data, there needs to be an 
attribution statement on the paper, and if they’re adding data to their local 
copy of the OSM dataset before rendering, they’d need to license that under the 
ODbL. As a practical matter, I highly doubt anyone would add data to their 
local copy for a low-zoom map of Stockholm. This doesn’t mean that they have to 
release the software they’re using to render the map, to display it in such a 
weird way, or to release their cartography.

 

From: Beri Dániel [mailto:daniel.b...@evk.hu] 
Sent: Monday, October 21, 2013 3:25 AM
To: Jonathan Harley
Cc: legal-talk@openstreetmap.org
Subject: Re: [OSM-legal-talk] License / Copyright - OSM data for commercial use 
artistic map

 

Hi Jonathan!

Thank you very much for clearing things up, and explaining the difference 
between the treatment of data sets and other things I would put on the map.

The treatment of OSM data, and the alteration of it is fine, understood, and 
obviuosly I can live with it.

Although, the licensing/copyright of the layer which I would ask my programmer 
to define in OpenLayers and which then would be filled with images is still a 
bit fuzzy. Aren't these two statements opposite to each other:

1.  OpenLayers uses the FreeBSD license which places no limitations on use 
other than that you must distribute it with its license intact.
2.  you can retain all rights on your other data, images and published 
maps

What would Point1 include in itself? Maybe I misunderstood the whole concept of 
the word layer. I thought that the visual outlook of the map what makes it 
a map, what people see (and in may case consists of the collection of images 
put together) is on a layer and hence should be distributed accordingly?

This would imply that I could I ask the author of this projec 
http://nordpil.com/go/products/stockholm-papercraft/ t to distribute the 
layer he defined? (Obviously I don't want to, as I cheer for Point2 to be true 
in case of my project as well :)

Thanks in advance again!

Daniel

 

 

On 21 October 2013 11:25, Jonathan Harley j...@spiffymap.net wrote:

On 19/10/13 11:11, Beri Dániel wrote:


Dear All,

I would like you to have a look at my question I posted in the OSM forum 
yesterday. It is not an urgent matter, I'm duplicating it here as well because 
I would like to avoid any mistreatment of the OSM licenses.

Below you can read my post from the forum, or just simply have a look at it in 
the forum itself: http://forum.openstreetmap.org/viewtopic.php?id=22948


Thanks in advance!

Daniel

 

Hi Dániel, overall your project does sound like what's presented to users would 
be a produced work and there is no problem with commercial use. AFAIK 
OpenLayers uses the FreeBSD license which places no limitations on use other 
than that you must distribute it with its license intact.

The only part which would constitute a derivative database is your altered OSM 
data (point 2). This altered data will clearly be derived from OSM's data and 
you would need to publish this under ODbL. If you store the data about where 
your users live (point 5) in a database, and if this data is derived from the 
OSM map (users drop a pin on your map based on what they see on it, or where 
the OSM-based search server said they are), then this is also a derivative 
database and must also be made available under ODbL.

Note that a database here just means a data set - the set of data that was 
derived from OSM. The ODbL license does not extend virally to any other data 
sets you may happen to store in the same database management system. The 
derived data is the only thing you must distribute freely (if asked to), and 
you can retain all rights on your other data, images and published maps.

HTH - Jonathan





Dear All,

This might have been discussed several times, hence sorry for raising this 
question again, but I really would like to make sure that I'm in compliance 
with the rules of the OSM license. (Also, I'm not a programmer, so, sorry for 
formulating the details of my envisaged project with lack/inproper use of the 
programming jargon.)

So, here is the list of things I am planning to do:

I would like to create an artistic map

1) *based on OSM data* - I would need a world map, with territories of 
countries and potentially subdivisions as well
2) *I would alter the OSM data* by defining new, custom subdivisions in certain 
areas, like cutting half a country (or continent, like Antarctica) not along 
any currently available line, but according to my wish
3) I would like to *put copyrighted images* onto these subdivisions (with 
OpenLayers)
4) I would *remove uneccessary detail by not rendering some types of features*, 
ie. I don't want any other data

Re: [OSM-legal-talk] License / Copyright - OSM data for commercial use artistic map

2013-10-21 Thread Jonathan Harley

On 19/10/13 11:11, Beri Dániel wrote:


Dear All,

I would like you to have a look at my question I posted in the OSM 
forum yesterday. It is not an urgent matter, I'm duplicating it here 
as well because I would like to avoid any mistreatment of the OSM 
licenses.


Below you can read my post from the forum, or just simply have a look 
at it in the forum itself: 
http://forum.openstreetmap.org/viewtopic.php?id=22948



Thanks in advance!

Daniel



Hi Dániel, overall your project does sound like what's presented to 
users would be a produced work and there is no problem with commercial 
use. AFAIK OpenLayers uses the FreeBSD license which places no 
limitations on use other than that you must distribute it with its 
license intact.


The only part which would constitute a derivative database is your 
altered OSM data (point 2). This altered data will clearly be derived 
from OSM's data and you would need to publish this under ODbL. If you 
store the data about where your users live (point 5) in a database, and 
if this data is derived from the OSM map (users drop a pin on your map 
based on what they see on it, or where the OSM-based search server said 
they are), then this is also a derivative database and must also be made 
available under ODbL.


Note that a database here just means a data set - the set of data that 
was derived from OSM. The ODbL license does not extend virally to any 
other data sets you may happen to store in the same database management 
system. The derived data is the only thing you must distribute freely 
(if asked to), and you can retain all rights on your other data, images 
and published maps.


HTH - Jonathan





Dear All,

This might have been discussed several times, hence sorry for raising 
this question again, but I really would like to make sure that I'm in 
compliance with the rules of the OSM license. (Also, I'm not a 
programmer, so, sorry for formulating the details of my envisaged 
project with lack/inproper use of the programming jargon.)


So, here is the list of things I am planning to do:

I would like to create an artistic map
1) *based on OSM data* - I would need a world map, with territories of 
countries and potentially subdivisions as well
2) *I would alter the OSM data* by defining new, custom subdivisions 
in certain areas, like cutting half a country (or continent, like 
Antarctica) not along any currently available line, but according to 
my wish
3) I would like to *put copyrighted images* onto these subdivisions 
(with OpenLayers)
4) I would *remove uneccessary detail by not rendering some types of 
features*, ie. I don't want any other data to be displayed on the map, 
but the original and custom-made subdivision borders and the images
5) however, *in the background I would like to still use the OSM 
data*, so that users could search, eg. the address of their home, then 
the map would display the place where they live, but covered with the 
image I defined to cover that particular place with (ie. not 
displaying any roads etc.)
6) I would expect volume of use too high to be supportable by OSM's 
tile servers, therefore I *would have my own tile server*
7) Also, because of point 6, I *would create separate, own search 
server* as well, not to overwhelm Nominatim's servers (btw, I would 
really appreciate if you could help me with auto-complete search, is 
there any advanced solution already?)


So the end-result would look like this world map of flags, with the 
exception that I would make it available online as a dynamic map and 
in print as well:


500px-Flag-map_of_the_world.svg.png

So, my questions are:
1) does this project qualify to be a *produced work* as defined in use 
case 2 of the license? http://wiki.openstreetmap.org/wiki/Lice … 
thing_else 
http://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_2:_I_want_to_publish_something_based_on_OSM_and_nothing_else

2) if not, then *which use case is the applicable here*?
3) in either case, what are the *consequences of the license to my 
rights over parts of the project* (database, separate copyrighted 
images and the overall look of the map)? what should be shared freely? 
Can I reserve the right to the overall image of the map to be sold eg. 
as a printed poster?
4) Also, does *OpenLayers' license* (in which I would define the new 
layer of images) interfere with this idea to be used for commercial 
use and reserve the rights for the end product?


Sorry if the questions should be super-obvious based on the 
wikis/forum etc., they aren't really self-explanatory for me! smile


Thank you very much in advance!
Best regards,
underclover



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m...@spiffymap.com  Phone: 0845 313 8457 www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, 

Re: [OSM-legal-talk] License / Copyright - OSM data for commercial use artistic map

2013-10-21 Thread Beri Dániel
Hi Jonathan!

Thank you very much for clearing things up, and explaining the difference
between the treatment of data sets and other things I would put on the map.

The treatment of OSM *data*, and the alteration of it is fine, understood,
and obviuosly I can live with it.

Although, the licensing/copyright of the *layer* which I would ask my
programmer to define in OpenLayers and which then would be filled with
images is still a bit fuzzy. Aren't these two statements opposite to each
other:

   1. OpenLayers uses the FreeBSD license which places no limitations on
   use other than that you must distribute it with its license intact.
   2. you can retain all rights on your other data, images and *published
   maps*

What would Point1 include in itself? Maybe I misunderstood the whole
concept of the word layer. I thought that the visual outlook of the map
what makes it a map, what people see (and in may case consists of the
collection of images put together) is on a layer and hence should be
distributed accordingly?

This would imply that I could I ask the author of this
projechttp://nordpil.com/go/products/stockholm-papercraft/t
to distribute the layer he defined? (Obviously I don't want to, as I cheer
for Point2 to be true in case of my project as well :)

Thanks in advance again!

Daniel




On 21 October 2013 11:25, Jonathan Harley j...@spiffymap.net wrote:

 On 19/10/13 11:11, Beri Dániel wrote:


 Dear All,

 I would like you to have a look at my question I posted in the OSM forum
 yesterday. It is not an urgent matter, I'm duplicating it here as well
 because I would like to avoid any mistreatment of the OSM licenses.

 Below you can read my post from the forum, or just simply have a look at
 it in the forum itself: http://forum.openstreetmap.**
 org/viewtopic.php?id=22948http://forum.openstreetmap.org/viewtopic.php?id=22948


 Thanks in advance!

 Daniel


 Hi Dániel, overall your project does sound like what's presented to users
 would be a produced work and there is no problem with commercial use. AFAIK
 OpenLayers uses the FreeBSD license which places no limitations on use
 other than that you must distribute it with its license intact.

 The only part which would constitute a derivative database is your altered
 OSM data (point 2). This altered data will clearly be derived from OSM's
 data and you would need to publish this under ODbL. If you store the data
 about where your users live (point 5) in a database, and if this data is
 derived from the OSM map (users drop a pin on your map based on what they
 see on it, or where the OSM-based search server said they are), then this
 is also a derivative database and must also be made available under ODbL.

 Note that a database here just means a data set - the set of data that
 was derived from OSM. The ODbL license does not extend virally to any other
 data sets you may happen to store in the same database management system.
 The derived data is the only thing you must distribute freely (if asked
 to), and you can retain all rights on your other data, images and published
 maps.

 HTH - Jonathan


  

 Dear All,

 This might have been discussed several times, hence sorry for raising
 this question again, but I really would like to make sure that I'm in
 compliance with the rules of the OSM license. (Also, I'm not a programmer,
 so, sorry for formulating the details of my envisaged project with
 lack/inproper use of the programming jargon.)

 So, here is the list of things I am planning to do:

 I would like to create an artistic map
 1) *based on OSM data* - I would need a world map, with territories of
 countries and potentially subdivisions as well
 2) *I would alter the OSM data* by defining new, custom subdivisions in
 certain areas, like cutting half a country (or continent, like Antarctica)
 not along any currently available line, but according to my wish
 3) I would like to *put copyrighted images* onto these subdivisions (with
 OpenLayers)
 4) I would *remove uneccessary detail by not rendering some types of
 features*, ie. I don't want any other data to be displayed on the map, but
 the original and custom-made subdivision borders and the images
 5) however, *in the background I would like to still use the OSM data*,
 so that users could search, eg. the address of their home, then the map
 would display the place where they live, but covered with the image I
 defined to cover that particular place with (ie. not displaying any roads
 etc.)
 6) I would expect volume of use too high to be supportable by OSM's tile
 servers, therefore I *would have my own tile server*
 7) Also, because of point 6, I *would create separate, own search server*
 as well, not to overwhelm Nominatim's servers (btw, I would really
 appreciate if you could help me with auto-complete search, is there any
 advanced solution already?)


 So the end-result would look like this world map of flags, with the
 exception that I would make it available online as a dynamic 

[OSM-legal-talk] License / Copyright - OSM data for commercial use artistic map

2013-10-19 Thread Beri Dániel
Dear All,

I would like you to have a look at my question I posted in the OSM forum
yesterday. It is not an urgent matter, I'm duplicating it here as well
because I would like to avoid any mistreatment of the OSM licenses.

Below you can read my post from the forum, or just simply have a look at it
in the forum itself: http://forum.openstreetmap.org/viewtopic.php?id=22948

Thanks in advance!

Daniel



Dear All,

This might have been discussed several times, hence sorry for raising this
question again, but I really would like to make sure that I'm in compliance
with the rules of the OSM license. (Also, I'm not a programmer, so, sorry
for formulating the details of my envisaged project with lack/inproper use
of the programming jargon.)

So, here is the list of things I am planning to do:

I would like to create an artistic map
1) *based on OSM data* - I would need a world map, with territories of
countries and potentially subdivisions as well
2) *I would alter the OSM data* by defining new, custom subdivisions in
certain areas, like cutting half a country (or continent, like Antarctica)
not along any currently available line, but according to my wish
3) I would like to *put copyrighted images* onto these subdivisions (with
OpenLayers)
4) I would *remove uneccessary detail by not rendering some types of
features*, ie. I don't want any other data to be displayed on the map, but
the original and custom-made subdivision borders and the images
5) however, *in the background I would like to still use the OSM data*, so
that users could search, eg. the address of their home, then the map would
display the place where they live, but covered with the image I defined to
cover that particular place with (ie. not displaying any roads etc.)
6) I would expect volume of use too high to be supportable by OSM's tile
servers, therefore I *would have my own tile server*
7) Also, because of point 6, I *would create separate, own search server* as
well, not to overwhelm Nominatim's servers (btw, I would really appreciate
if you could help me with auto-complete search, is there any advanced
solution already?)

So the end-result would look like this world map of flags, with the
exception that I would make it available online as a dynamic map and in
print as well:

[image: 500px-Flag-map_of_the_world.svg.png]

So, my questions are:
1) does this project qualify to be a *produced work* as defined in use case
2 of the license? http://wiki.openstreetmap.org/wiki/Lice …
thing_elsehttp://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_2:_I_want_to_publish_something_based_on_OSM_and_nothing_else
2) if not, then *which use case is the applicable here*?
3) in either case, what are the *consequences of the license to my rights
over parts of the project* (database, separate copyrighted images and the
overall look of the map)? what should be shared freely? Can I reserve the
right to the overall image of the map to be sold eg. as a printed poster?
4) Also, does *OpenLayers' license* (in which I would define the new layer
of images) interfere with this idea to be used for commercial use and
reserve the rights for the end product?

Sorry if the questions should be super-obvious based on the wikis/forum
etc., they aren't really self-explanatory for me! [image: smile]

Thank you very much in advance!
Best regards,
underclover
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