On 12 Jan 2009, at 13:50, Rob Myers wrote: > On Mon, Jan 12, 2009 at 1:37 PM, Peter Miller <[email protected] > > wrote: > >> What information can we use from these sources under 'fair use' >> rules? > > Under English & Welsh or European law, none. There's no Fair Use > exception here. >
There does however appear to be something in the UK about 'fair dealing'. http://en.wikipedia.org/wiki/Fair_dealing#Fair_dealing_in_the_United_Kingdom It seems a possible justification, but it may be a bit weak. > Under American law, whatever you can get away with in court. > So what if someone in the US adds some data from a UN OCHA map to a global CCBYSA project! >> I have already annotated the map of Rafah with some additional Suburb >> names taken from an OCHA map citing 'UN OCHA - fair use' as the >> source. To what extent can we add additional content from these >> sources without getting approval from the copyright holder? > > There can be no certainty unfortunately. > So what about a map from UNOCHA that makes no claim of copyright? >> The >> wikipedia article gives general guidance on this. > > Yes following the Wikipedia guidelines is probably the best way of > handling this. > > It might also be worthwhile contacting the UN (for example) and > getting agreement that copying the names doesn't break their > copyright. > We are asking for permission in parallel, however we are not hopeful about getting a quick response. >> Do people have an opinion what level of use would be acceptable? > > s/use/risk/ . ;-) > >> Should we create a 'fair use' page on the wiki and spell out our >> conclusions? > > Yes. > > I personally would advise against using Fair Use as a justification > for anything going into OSM though. Try asserting that the facts > aren't copyrightable instead (I know that's it's own can of worms, and > IANAL, TINLA). I am a proponent of Fair Use, I just don't think it's a > good match for community projects with lots of downstream users. > Oh, so possibly we claim fair use and/or database directive whichever is applicable! I do get the message that we should generally not use this approach. Regards, Peter > - Rob. > > _______________________________________________ > legal-talk mailing list > [email protected] > http://lists.openstreetmap.org/listinfo/legal-talk _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk

