What you are quoting from below is part of the draft policy on pricing referred to by Grant. It is not the law. It might not even be the actual policy. Unless we know for sure that it in fact policy I would not rely on it at all. No policy document can change the law. At best policy might grant a licence in terms of the Copyright Act. In my reading of the draft policy (assuming it is actual policy) the parts quoted below is not clear that it give us a licence to use the date to make a copy.
The words quoted may be either a public (badly expressed, very vague as to the extent thereof) licence to use, or it might just be the particular official's paraphrasing of the law. It does appear that you are right that it is more likely the former, but it is far from clear. In any event, I cannot see how we can comply with the requirement that the State copyright be acknowledged. I suggest that until we know that the draft policy is promulgated we not consider it further. Let us rather wait for the outcome of the specific request to use the data. Lance Burger -----Original Message----- From: Bernd Jendrissek [mailto:bernd.jendris...@gmail.com] Sent: 12 June 2009 06:37 PM To: Lance Burger Cc: brendan barrett; Grant Slater; Openstreetmap ZA Subject: Re: [OSM-Talk-ZA] State Copyright on "Spatial Information Products" On Fri, Jun 12, 2009 at 4:07 PM, Lance Burger<lance.bur...@mweb.co.za> wrote: > Using a copyrighted work as such is not an infringement (it is not an > infringement to read a book which is subject to copyright), but both > reproducing the work and making an adaptation of the work are infringements > in terms of section 7. This is what confuses me: just using (in the sense of reading a book) a copyrighted work is _never_ an infringement, assuming you legally obtained that copy (which isn't in dispute). So why is it even mentioned that "Any ... may use such products and services without obtaining specific authorisation"? It reads more like a public licence than an interpretation of copyright law. To me anyway, and I'm not a lawyer, you might be, so I'm asking for more patient explanation :) The "or parts thereof" also leaves me thinking that "using" includes making derivative works. The sentence or two describing the required acknowledgement of State Copyright would also be moot if this was just a matter of "reading a book". "A suitable statement ... must be included with such product" seems to me to be contemplating said person or private sector organisation (re)distributing a (possibly derived) work. "It depends on what the definition of 'is' is." _______________________________________________ Talk-ZA mailing list Talk-ZA@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk-za
