On 09/11/2025 13:22, Daniel Hatton via Talk-GB wrote:
The document being textual in character, I would have thought that
copyright subsists only in the specific presentation, not in the actual
information, but IANAL.
Database copyrights are fundamental to the limitations of what can be
used in OpenStreetMap, and what protect maps. The thing that made OSM
possible originally was that GPS allowed people to survey from first
principles, and break the monopoly on geographical data. Since then
many organisations have licensed their geographical databases, sometimes
maps, but also other things (see below), which means that OSM can now
make use of information that was originally denied to it, but firstly
the licence to use that data has to be confirmed, and secondly, if
confirmed, the original source has to be added to the list of OSM
contributors.
Whilst individual facts are not copyrightable, a compilation of them is
protected by database rights, to reflect that fact that many man hours
may have gone into their creation. Typical examples of textual things
with database copyrights are phone directories, and the postal address
file, which lists all the postcodes.
See <https://www.legislation.gov.uk/uksi/1997/3032/contents>.
OSM generally takes an "on the ground" view, so if there is a sign at a
level crossing, stating its risk level, you can capture that, but
Network Rail would need to release the spreadsheet under the Open
Government Licence (with no qualifications), or an even more liberal
licence, before they could be used for OSM.
There is also another issue when using a source like this that OSM tends
to become a snapshot of a moving target, so for any serious use, you
really need to reference the original data source.
Interestingly, I hadn't realised that the UK doesn't recognize database
rights from other countries. That used to accept the EU, but, since
2021, means anywhere outside the UK. That doesn't help OSM, as OSM is
based in the UK, and because the map is not limited to UK use, so other
country's rights need to be respected. See
<https://www.legislation.gov.uk/uksi/1997/3032/regulation/18>.
IANAL TINLA
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