On Thu, Nov 18, 2010 at 12:49 PM, Ed Avis <e...@waniasset.com> wrote: > Anthony <o...@...> writes: > >>>However, this part remains: "Subject to Section 3 and 4 below, You >>>hereby grant to OSMF and any party that receives Your Contents a >>>worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence >>>to do any act that is restricted by copyright..." >>> >>>As Ben has pointed out, this section retains the assumption made >>>previously: that you have the right to grant these rights. >> >>Along with other points that I have already pointed out, I'll note >>that the grant is with respect to Your Contents, not with respect to >>Other People's Contents. > > Yes, but if Your Contents are partly derived from Other People's Stuff, so > that > Other People hold some rights in them too...
Other People hold rights in Their Contents, not in Your Contents. The Work is derived from Your Contents and Their Contents. Would a definition of "Your Contents" help clarify that? There are multiple copyrights on a derivative work. Each author's copyright extends only to his original material, and not to the material contributed by others. > At any rate it's not crystal clear, and it needs to be. I agree that if it's not crystal clear to you, that this situation should be fixed. But it is crystal clear to me, so I'm not really sure how to fix it. I gave some suggested text earlier, but didn't receive any comment on whether or not that would be sufficient to clarify it. Maybe this is just a jurisdictional issue? I'm going to quote from the US Code, Title 17, Section 103. Someone please let me know if this principle is not accepted in other jurisdictions: " 103. Subject matter of copyright: Compilations and derivative works (a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material. " The way I read it, Your Contents = "the material contributed by You, as distinguished from the preexisting material employed in the work" _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
