Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-21 Thread Frederik Ramm
Hi, On 21.10.19 12:31, Edward Bainton wrote: > If the employer is to give permission, do we have a way of capturing > that somehow? Is there a repository of PDFd emails authorising such > things, for example? When employees are asked by their employer to contribute data to OSM in the course of th

Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-21 Thread Edward Bainton
Thank you. If the employer is to give permission, do we have a way of capturing that somehow? Is there a repository of PDFd emails authorising such things, for example? On the Talk-GB list it was suggested an organisation should create a corporate account, but I don't know that that's any differe

Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-19 Thread Simon Poole
If it was outside of the UK it is very unlikely that the edits by the employee would be considered anything protectable outside of them adding a substantial extract of data from a database that is protected by EU database regulation. In the UK however I suppose there is a chance of the edits, assu

Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-19 Thread Edward Bainton
Ah and perhaps we should distinguish between the employee whose manager says, "Put this into OSM" and the employee who thinks, "My employer doesn't care how I get the job done, so hang this proprietary GIS she's given me, my job is so much easier on OSM and she'll thank me for using it." On Sat, 1

Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-19 Thread Edward Bainton
Thank you both. To clarify, this is in the UK, where I am in discussion with two organisations. >From a purely legal perspective, can I simply plough on trying to invest them in the usefulness of OSM on the basis that, if any employer became unhappy, their remedy is against their employee for sign

Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-18 Thread Kathleen Lu via legal-talk
Jurisdiction dependant, but here are two general concepts which I think are relevant: As the statute you quoted specifies, when copyright will belong to the employer, it tends to depend on if the copyrightable work was made within the scope of the employee's job. (If you're a software programmer,

Re: [OSM-legal-talk] Licensability of an employee's work

2019-10-18 Thread Simon Poole
The question is rather complicated and if at all can really only be approached on a per jurisdiction base as both employment regulation and certain aspects of intellectual property law differ widely by territory. So the 1st thing to clarify would be where this is taking place and which law is

[OSM-legal-talk] Licensability of an employee's work

2019-10-18 Thread Edward Bainton
Hi all Quick question arising from a 'lobbying' conversation: *If an employee edits the map in the course of their employment, has the work been adequately licensed to OSM/the big wide Open?* According to UK Copyright Act 1988, s. 11 (2) Where a literary, dramatic, musical or artistic work [F1 <