Anthony <o...@...> writes: >>Yes - it's quite separate - you do not receive any licence to the original >>data but you do get a licence to all copyright interest in the small bit of >>map you received > >As you have correctly pointed out with regard to the contributor >terms, you aren't allowed to grant a license on someone else's >copyright without permission.
Correct! So it matters whether the tiles are produced by OSMF itself or by a third party. >So a license from, say, MapQuest, >granting you permission to use the tiles under CC-BY-SA, only covers >MapQuest's copyright, which only extends to the material contributed >by MapQuest, not to the preexisting material already in the work. ...in which case, surely, we have the situation that in general, CC-BY-SA map tiles cannot be made from the OSM data, although OSMF itself has the power to do so because of the special rights granted by the contributor terms. >>since you have not even looked at the original data you cannot >>be infringing copyright in that (similar to 'clean room' rules) > >Depends to what extent map data is copyrightable. If I write a score, >and someone else records a piano rendition of the score, and a third >person converts that recording back to a score, that score is still >copyrighted by the original author. Absolutely! I am not disputing that at all. I am saying that if you write a score, and then *with your permission and authorization* somebody distributes a recording of it under CC-BY or other permissive licence, then a person receiving it can exercise the rights granted by the licence to turn it back into the original score. >In any case, clean room rules don't apply to database rights. So if >you live in a jurisdiction with database rights, you can pretty much >throw away that argument. Yes, that is a separate argument. -- Ed Avis <e...@waniasset.com> _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk