James, I think your list of "definitely OK" sources is a good one.
The rest of your list does a good job of reflecting how complex geodata rights can be. In most cases, OSM elects to use a conservative interpretation of the situation in order to avoid any possible danger to the project. I will mention, though, that facts are not copyrightable. I think it is vanishingly unlikely that something like a single business's operating hours could pose a problem, unless you had personally entered into an unusual contract regarding how you collect and use that information. Any information you personally observe and record during a walk is probably going to be okay -- even in circumstances where trademark or other protections apply to a business name, that will not constitute a prohibition on recording it as a fact about the world. When you start using large collections of information assembled by third parties -- especially if it undercuts their business -- things get more complicated. On Sun, Jul 24, 2016 at 4:48 PM, James McCloud <cinco_fl...@hotmail.com> wrote: > There is documentation that hits on this but I am looking for more > clarification and any additional sources. > > Here are my own conclusions: > > Definitely OK to use(whiter than white): > > From the beginners guide( > http://wiki.openstreetmap.org/wiki/Beginners_Guide_1.1): > * Your own GPS traces(without data you entered while looking at your > navigation source). > * Sources already in the editors(not additional ones you add). > From the legal faq( > http://wiki.openstreetmap.org/wiki/Legal_FAQ#2._Contributing): > * Anything licensed Public Domain(PD). > * out-of-copyright(check country specific laws) with compatible terms of > use. Question here, isn't terms of use part of a copyright and thus expires > with copyright? > * Anything where permission is obtained(leaving out procedures here). > * Other possible compatible copyrights when confirmed with the OSM > community. > From some posts/threads and license compatibility: > http://wiki.openstreetmap.org/wiki/Import/ODbL_Compatibility > * Anything licensed Creative Commons Zero(CC0). > > Generally OK to use(if there is any doubt, don't use it): The community > seems to accept some of these even though copyright is possible. Perhaps > 'doubt' should be applied to a slight chance(1 in 1000?) that a source's > owner would not be OK with the use for OSM. > > * Anything to which copyright law does not protect, both from your > source's country AND OSM's country(UK). > What is unprotected? Examples might be names, titles, phrases, and > slogans, but they cannot be used in OSM if obtained from within a > copyrighted collection/database. > Knowledge may come from copyrighted sources, so under what conditions > does it become unprotected(or usable in OSM)? > * Knowledge: Any information directly from memory in which the true > source cannot be recalled. > * Information may also be obtained from asking other people(friends, > family, even complete strangers) for their knowledge. > If there is an indication that the knowledge came from a copyrighted > source then don't us it. > Don't do anything with the intent of getting around copyright, e.g., > don't ask a friend to look something up for you(not knowing their source) > so you can use it for OSM. > > What data obtained from a survey/walk/journey can be used? > * Layout(as seen directly, not from a document) of roads, buildings, > walls, land, water. > * Signs: Traffic, road, access, places(name and service provided), guide > posts: > Note: Signs that are 'likely' owned by your 'national' government are > 'likely' public domain. This is less likely for state and local, and most > definitely not for private ownership. > Road signs are very likely public domain and are often not creative > enough to be protected. > Names of places(shops, businesses, etc.), either since the owners > don't care or welcome the advertisement. However, complaints could be made > and I can think of some reasons. > Contact Information(address, email, phone) when you physically see > it(or from a photo you took of it) at the location. It should also appear > to be intended for public use. > Posted business hours are likely OK if by themselves. > Signs that contain more information(documents) or > originality/creativity are much more likely to be copyrighted and > considered unacceptable for use in OSM(without proper license/permission). > Some examples: - Any kind of map(even on a permanent outdoor > display like at a historic site, or city bus route map) > - Things posted on a tourist > information board > - a Text description of foot/bike > routes with path names and access restrictions > > * Information on a business card or receipt. > * Contact information for a business on it's website. It should be easy to > access, and appear to be intended for public use. Note: This should > probably only be used in addition to a survey, or otherwise only for well > known businesses. > > See also: Wikimedia has useful information on some of these things, though > for photographic purposes and US based( > https://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_subject_matter) > and also(https://commons.wikimedia.org/wiki/Commons:Licensing). > > > > > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk >
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