Re: [OSM-legal-talk] using OSM on TV

2010-07-11 Thread visiontv



On Sun, 11 Jul 2010 08:02 +0200, Richard Weait rich...@weait.com
wrote:
 On Sat, Jul 10, 2010 at 5:36 AM,  visio...@petml.com wrote:
  I'm trying to determine what is required of my company with regard to
  the on-air broadcast of OSM data. I sell a product used in TV news. Part
  of my product consists of maps. Sometimes my maps use OSM data. Not
  always, in fact most clients are not using OSM data. Either way, for the
  ones that do I need to know what is required. I can't seem to find the
  requirements by searching the archives or reading the website. I see
  lots of opinions and suggestions but no hard decisions. I will be adding
  an OSM link in my application's acknowledgments section stating this
  app may make use of OSM data, a link to the web site, etc. However, I
  simply can't guarantee that my customers will attribute OSM during the
  broadcast. Furthermore, I don't see anywhere that describes exactly what
  my obligations are. Like I said previously, lots of opinions and
  suggestions but no hard requirement. Seems like there is a lot of wiggle
  room if someone simply did not want to attribute OSM in any way.
 
  Can someone comment and/or correct me if I'm wrong? Can anyone
  definitively state what is required with respect to OSM attribution for
  use in a TV broadcast?
 
  I will be doing the following:
  * letting my customers know we use OSM data
  * added the usual OSM acknowledgment in my application
  * add some sort of acknowledgment on my website that my application may
  make use of OSM data
 
 OpenStreetMap does not have concrete guidance for you yet.  I wish
 that we did.  Please consider
 
 Such credit may be implemented in any reasonable manner; provided,
 however, that in the case of a Derivative Work or Collective Work, at
 a minimum such credit will appear where any other comparable
 authorship credit appears and in a manner at least as prominent as
 such other comparable authorship credit
 
 So, if you or the broadcaster add a watermark to the video, and
 OpenStreetMap and cc watermark should be added.  This is best because
 the attribution and license will stay with the clip if it is removed
 from the rest of the broadcast.  By all rights this clip should be
 permitted to be removed from the broadcast and distributed further as
 ccbysa.
 
 Less desirable, because it loses immediacy and could be separated from
 the work, would be a credit roll at the show end. Again, let
 reasonable and similar prominence be your guide. If you get XL font
 size and n seconds on screen, so does OSM / CC so something like:
 
 Map segment by
 Vision TV (c) 2010
 
 Maps and data
 ccbysa OpenStreetMap
 and contributors
 
 I like the idea of OSM maps used in broadcasts.  Thanks for
 recognizing that the OSM and CC attribution are your obligation.
 
 The license extract quoted above is from the text of ccbysa, section
 4c http://creativecommons.org/licenses/by-sa/2.0/legalcode
 
 If you distribute, publicly display, publicly perform, or publicly
 digitally perform the Work or any Derivative Works or Collective
 Works, You must keep intact all copyright notices for the Work and
 give the Original Author credit reasonable to the medium or means You
 are utilizing by conveying the name (or pseudonym if applicable) of
 the Original Author if supplied; the title of the Work if supplied; to
 the extent reasonably practicable, the Uniform Resource Identifier, if
 any, that Licensor specifies to be associated with the Work, unless
 such URI does not refer to the copyright notice or licensing
 information for the Work; and in the case of a Derivative Work, a
 credit identifying the use of the Work in the Derivative Work (e.g.,
 French translation of the Work by Original Author, or Screenplay
 based on original Work by Original Author). Such credit may be
 implemented in any reasonable manner; provided, however, that in the
 case of a Derivative Work or Collective Work, at a minimum such credit
 will appear where any other comparable authorship credit appears and
 in a manner at least as prominent as such other comparable authorship
 credit. 
 
 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 http://lists.openstreetmap.org/listinfo/legal-talk
 


Thank you Richard. I appreciate you taking the time out to respond.
There are a lot of companies that have public facing products (TV for
example) like mine which are in need of guidance. This does help. I'm
sure this post will help others in the future. 

I would encourage the person(s) responsible for OSM licensing in the
future to be as specific as possible when it comes to broadcast mediums
such as TV and smartphones.

Thanks everyone. I believe I have a clear path now. 

-- 
http://www.fastmail.fm - IMAP accessible web-mail


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] using OSM on TV

2010-07-11 Thread visiontv


On Sun, 11 Jul 2010 13:28 +0200, Manuel Reimer
manuel.s...@nurfuerspam.de wrote:
 visio...@petml.com wrote:
  Geesh. I'm starting to regret I even posted. I hope this kind of
  response isn't typical. I'm simply trying to be compliant and seeking to
  promote OSM data. Please, forget I asked. No follow-up response from you
  is desired.
 
 And I'm sorry to make you upset. Yes, there may be a language barrier 
 and I may have misunderstood you. Sorry for that. For me, this read like 
 you try to get some special permission to allow your customer to use 
 OSM data without following the CC-BY-SA license.
 
 What I tried to make clear is that the person, who broadcasts 
 Openstreetmap data also has follow the license terms, you'll find on 
 this page:
 
 http://www.openstreetmap.org/copyright
 
 One of your addresses:
 http://wiki.openstreetmap.org/wiki/Open_Data_License/Attribution_-_Guideline
 
 says that attribution on an associated website would also be OK. In my 
 opinion this isn't the nice way, as a short displaying of where the data 
 came from would be much better for the project, but if someone decided 
 that attribution an an associated website is also OK, then this is OK. 
 But the broadcaster will have to place this attribution on *his* 
 website. A website, anyone can bring in association with the TV
 broadcast.
 
 I didn't know the specialities of the ODbL license. As far as I know, 
 porting to this license is not finished, so data still ins CC-BY-SA 
 licensed, only. Maybe someone else knows details about ODbL?
 
  My apologies to everyone if I come across as gruff. This guy just rubbed
  me the wrong way.
 
 Sorry for that!
 
 Yours
 
 Manuel
 
 

My sincere apologies to you Manuel. I see that you were only trying to
help and I reacted poorly. Thank you for the time you took out of your
day to assist me.

-- 
http://www.fastmail.fm - A no graphics, no pop-ups email service


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] using OSM on TV

2010-07-10 Thread visiontv

On Sat, 10 Jul 2010 21:43 +0200, Manuel Reimer
manuel.s...@nurfuerspam.de wrote:
 visio...@petml.com wrote:
  What's required of my customers? I'm hoping that if I attribute on my
  website and in my app that will be enough. Some broadcasters are
  hesitant of using attribution.
 
 I've seen attribution on TV several times. Mostly for bigger companies 
 like Microsoft. Why should this be impossible with an open project like 
 openstreetmap?

No one said it's impossible. Some broadcasters refuse to attribute so
they won't use OSM data or other products that require attribution like
Google Earth.

 
 In case that a broadcaster wants to send a picture with OSM data, he is 
 the person, who uses the data and so he is the person who has to do what 
 the license says.
 
 The license says (http://www.openstreetmap.org/copyright/en):
 
 | How to credit OpenStreetMap
 |
 | If you are using OpenStreetMap map images, we request that your
 | credit reads at least “© OpenStreetMap contributors, CC-BY-SA”. If
 | you are using map data only, we request “Map data © OpenStreetMap
 | contributors, CC-BY-SA”.
 |
 | Where possible, OpenStreetMap should be hyperlinked to
 | http://www.openstreetmap.org/  and CC-BY-SA to
 | http://creativecommons.org/licenses/by-sa/2.0/. If you are using a
 | medium where links are not possible (e.g. a printed work), we suggest
 | you direct your readers to www.openstreetmap.org (perhaps by
 | expanding ‘OpenStreetMap’ to this full address) and to
 | www.creativecommons.org.
 
 That's what the license says and noone here will be able to tell you 
 something else.

That's not all it says. There is conflicting information. That's the
point of my post. If you go back to my original post you will clearly
see links I've referenced that pose much more liberal attribution
requirements; and I use the word requirement somewhat jokingly. The
information on the various OSM sites don't really provide clear
guidance. Some portions say you don't have to attribute on the map
itself and instead you can attribute in an acknowledgments section.
Other OSM sites state that if you use OSM data in a TV broadcast that
you do not even have to attribute on-air at all (which I find
incredible); in those instances you can simply attribute on the
affiliated web site. You'll have to forgive me for my confusion, but I
didn't create this mess. Now, perhaps I'm misreading this stuff. Anyone
with access to google can see what I'm referring to. I included this
information in my original post.

 
 It's the job of the broadcaster to add this type of credit to his 
 publication! If you don't tell your customers, that they have to respect 
 the CC-BY-SA license, then what you do is to relicense data, you don't 
 own, under a different license to your customer.
 

Settle down pal. Know one said anything about hiding the fact we're
using OSM. That's the reason I'm posting here seeking clarification. I
want to be compliant. Sheesh.

  So much so as to flat out not use product
  requiring attribution. For example, some NBC affiliates won't use Google
  Earth due to the attribution requirements. That's why there are still
  mapping companies like Curious Maps.
 
 You don't have to pay. Anything, you have to do, is to name the author 
 (openstreetmap.org contributors), so where is your problem? If your 
 customer prefers to pay for data, that doesn't need attribution, he 
 should pay for it.
 

There must be some kind of language barrier. I realize I don't have to
pay for OSM data. I was just using an example. 

 You can't just take the openstreetmap.org data, without doing what the 
 license says. If you don't like the license, then please don't use the
 data.
 

Geesh. I'm starting to regret I even posted. I hope this kind of
response isn't typical. I'm simply trying to be compliant and seeking to
promote OSM data. Please, forget I asked. No follow-up response from you
is desired.

My apologies to everyone if I come across as gruff. This guy just rubbed
me the wrong way. 


  Some of these guys would rather pay than risk attributing an unknown 
  product.
 
 One idea behind attribution is, that openstreetmap.org gets a more known 
 project.
 
 Yours
 
 Manuel
 
 
 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 http://lists.openstreetmap.org/listinfo/legal-talk
 

-- 
http://www.fastmail.fm - Does exactly what it says on the tin


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] using OSM on TV

2010-07-10 Thread visiontv



On Sat, 10 Jul 2010 12:44 +0200, Manuel Reimer
manuel.s...@nurfuerspam.de wrote:
 visio...@petml.com wrote:
  I'm not trying to hide from my customers that I use OSM data. However,
  some broadcasters simply may not attribute properly due to negligence or
  just not bothering.
 
 You could add a small Data CC-BY-SA www.openstreetmap.org directly in 
 your generated map (maybe in the lower right corner). And add some note 
 to your terms of use, that it is not allowed to remove this. Inform your 
 customers about the CC-BY-SA license and that this license requires them 
 to name the openstreetmap.org project as real owner of the data.
 
 Yours
 
 Manuel
 

I realize what I could do in way of watermarking, forcing a logo in a
portion of the map and so forth. What I'm trying to determine is what is
required by the OSM license. If my understanding is correct, OSM uses
Creative Commons 2.0; CC 2.0 states: Attribution —  You must attribute
the work in the manner specified by the author or licensor (but not in
any way that suggests that they endorse you or your use of the work).  

So, what's required?

As I stated in my original post, there is confusion (at least on my
part) as to my obligation. Some examples state attributing OSM in the
acknowledgments section of my application is sufficient. Other examples
on the OSM license site state a website attribution is all that's
required. I think a logo on-air would suffice. Maybe. 

Is the exact requirement stated in clear un-ambiguous terms anywhere?

My clients have no desire to tell their viewers that OSM data is their
data. They don't care that much about mapping to try and misrepresent
the source of the data. Doesn't work that way in broadcast TV. These
maps are used so briefly on-air. I will most certainly not
mis-represent. As I stated, I will place OSM attribution in my app in
the acknowledgments section. I will also pace OSM attribution on my
website (the marketing/sales portion of the site not a OSM web app.) 

What's required of my customers? I'm hoping that if I attribute on my
website and in my app that will be enough. Some broadcasters are
hesitant of using attribution. So much so as to flat out not use product
requiring attribution. For example, some NBC affiliates won't use Google
Earth due to the attribution requirements. That's why there are still
mapping companies like Curious Maps. Some of these guys would rather pay
than risk attributing an unknown product. 

Thank you to everyone willing to take the time out to answer this.


-- 
http://www.fastmail.fm - Send your email first class


___
legal-talk mailing list
legal-t...@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


[OSM-legal-talk] using OSM on TV

2010-07-09 Thread visiontv
I'm trying to determine what is required of my company with regard to
the on-air broadcast of OSM data. I sell a product used in TV news. Part
of my product consists of maps. Sometimes my maps use OSM data. Not
always, in fact most clients are not using OSM data. Either way, for the
ones that do I need to know what is required. I can't seem to find the
requirements by searching the archives or reading the website. I see
lots of opinions and suggestions but no hard decisions. I will be adding
an OSM link in my application's acknowledgments section stating this
app may make use of OSM data, a link to the web site, etc. However, I
simply can't guarantee that my customers will attribute OSM during the
broadcast. Furthermore, I don't see anywhere that describes exactly what
my obligations are. Like I said previously, lots of opinions and
suggestions but no hard requirement. Seems like there is a lot of wiggle
room if someone simply did not want to attribute OSM in any way. 

Can someone comment and/or correct me if I'm wrong? Can anyone
definitively state what is required with respect to OSM attribution for
use in a TV broadcast?

I will be doing the following:
* letting my customers know we use OSM data
* added the usual OSM acknowledgment in my application
* add some sort of acknowledgment on my website that my application may
make use of OSM data

I'm not trying to hide from my customers that I use OSM data. However,
some broadcasters simply may not attribute properly due to negligence or
just not bothering.

What is required of my customers? Is there any sort of authority on this
subject? Is there any hard requirements? Seems very ambiguous to me.
Very loose.

Here are the posts I've read:
*
http://wiki.openstreetmap.org/wiki/Legal_FAQ#I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F
-- Note that the printed map attribution suggests placement in the
acknowledgments section and not on the map itself.

* http://wiki.openstreetmap.org/wiki/Open_Data_Licence/Use_Cases --
There's a discussion about TV news attribution. The user may however
supply credits on an associated website rather than within the program
itself. 

*
http://wiki.openstreetmap.org/wiki/Open_Data_License/Attribution_-_Guideline
-- The user may however supply credits on an associated website rather
than within the program itself.


-- 
http://www.fastmail.fm - Does exactly what it says on the tin


___
legal-talk mailing list
legal-t...@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk