On 11 Nov 2009, at 10:39, Richard Mann wrote:

I found this a useful summary of the UK copyright position:

http://www.copyrightservice.co.uk/copyright/p09_fair_use

This was the reason for my comment that our use on a street map would be akin to news reporting (ie - to me - a simple way of precisely, concisely and neutrally representing the organisation concerned). Of course it doesn't hurt to ask, but the question should be "this is fair use, isn't it", not "can I have a free licence". I agree that it's not "incidental" use.

Thanks - that is a useful reference and seems to be a very credible organisations (partnership with British Library etc). It would seem that we could indeed use the logos as 'news reporting' as long as a reference the source somewhere. I note that they say that: "Cases dealing with fair dealing can be complex, as decisions are based on individual circumstances and judgements. This can be a very difficult area of copyright law. To avoid problems, if you are in any doubt, you are advised to always get the permission of the owner, prior to use

Can I suggest that we 'inform' them of out intentions to use the logo unless we are told 'no' together and a sample of what it would look like and our interpretation of copyright law. We should avoid 'asking' them as such and then needing a positive 'yes' from them.

They can still say no, but a non-response will be taken as confirmation that our reading of the copyright law is correct.


Regards,


Peter





I'd also say that while our purpose is to provide geodata, we do need to provide it both in raw form, and in a rendered form (and that includes settling questions like these). Rendering could be easier, but it will never be "easy".

Maybe a lesson is that the default rendered form should be a bit less ambitious in what it includes (such as buildings and housenumbers), with a more thorough version provided for those who figure out what the "+" button means. A few "more thorough" versions are useful to illustrate the greater detail that's available in certain categories (eg cycle and bus/train routes), and the ways in which renderers can re-present the data, but these should ideally move towards being in an accessible "you can do this too" form.

Richard


On Tue, Nov 10, 2009 at 7:05 PM, Tom Chance <[email protected]> wrote:
2009/11/10 Richard Mann <[email protected]>
The roundel (the simple red ring and blue bar version) is more than 70 years old, if that makes any difference. The BR logo is somewhat newer, however.

Putting it on a map feels to me to be akin to news reporting, so it might constitute fair use.


First, there's no such thing as fair use in the UK, we have "fair dealing" which is quite different to "fair use" provisions in other countries. Second, never ever put OSM in a position where it is open to serious legal attack based on your or my untrained feeling :)

We get permission from TfL, or we seek costly legal advice.

On a cartography point, would we specify a rule for the operator TfL so that every other metro system doesn't get the same logo? Would this open the Mapnik stylesheet up to thousands of extra lines to accommodate every local symbol?

Best wishes,
Tom


--
http://tom.acrewoods.net   http://twitter.com/tom_chance

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