Eugene Alvin Villar wrote: > Let me try copyright-only examples.
> I can take up the full text of all of the works of William > Shakespeare, compile it into a book with annotations, and release the > book under CC-BY-SA. Now since the original text by Shakespeare is > already in the public domain, I can copy those parts from the book > without following the book's CC license. In this case, the CC license > has no way to restrict me from doing that. I prefer a musical analogy: a publisher can licence a particular recording of a song without licensing the underlying composition. So, just because they give you permission to distribute the recording, and even remix it or use samples in your own published composition, that does not mean you have permission to make your own recording of the song and publish it (even if you only derived the lyrics and melody from the recording and have never seen the original score). Nor indeed does it mean you have permission to write down the lyrics and publish them. If I understand things correctly, a composer could licence, using a non-public licence grant, an artist to perform and record their song. The artist could then legitimately licence their recording of the song under CC-by-SA. The composer would still be able to keep all their rights reserved. However, the artist would be well advised to be explicit that it was only the recording they had licensed (and not the composition). In a similar vein, I think OSMF and any other publisher of OSM-derived map tiles under CC-by-SA would be well advised to be explicit about what it is they are licensing under CC-by-SA. In other words, they should follow the advice here (under "Be specific about what you are licensing)": http://wiki.creativecommons.org/Before_Licensing David P.S. I realise this does not address the question of the extent to which the underlying OSM data is, or can be, protected in Australia. But that is a complex question and, as ever, there is no substitute for professional legal advice specific to one's own proposal - especially if one's proposal is to breach the spirit of OSM's licence :) P.P.S. IANAL TINLA -- View this message in context: http://gis.638310.n2.nabble.com/OSM-legal-talk-Statement-from-nearmap-com-regarding-submission-of-derived-works-from-PhotoMaps-to-Opp-tp6477002p6488532.html Sent from the Legal Talk mailing list archive at Nabble.com. _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
