Hi, this has arisen in a discussion on talk-gb, but I'm paraphrasing to spare you the details.
Say you make a printed map that consists of an OSM base map with something else sourced from elsewhere printed on top, e.g. an OSM map with your private dataset of underground pipelines. Until now it was my understanding that such a map can only ever be licensed CC-BY-SA in full; you cannot say "the base map is licensed CC-BY-SA but if you trace off the underground pipelines then you violate my copyright". I know that at OSM we always used to say: If the layers are separable then you can have different licenses on each; if not, then not. For example, several projects using terrain elevation data from CGIAR, which is licensened "noncommercial use only", have gone to great lengths to produce multi-layered tiled maps (OSM data on the base layer, then CGIAR data on the semi-transparent intermediate layer, then OSM data again on the top layer) because they have been told that if they merge the data, then the whole tile must be licensed CC-BY-SA - you cannot have a tile that says "CC-BY-SA but the contour shadings herein must only be used in a noncommercial context". Over on talk-gb, Peter Miller claimed the opposite; he says that even if multiple sources are combined in an inseparable way (e.g. printed on top of each other), you can still claim that this is a "collected work" where the CC-BY-SA license applies only to the OSM bit, and not to whatever you printed on top. Of course this would result in a map that can *not* be copied under CC-BY-SA because it is virtually impossible to make a copy and leave out the foreign data that has been printed on top. Peter says that
I would consider the proposed resulting work to be 'two or more distinct, separate and independent works selected and arranged into a collective whole with the ccbysa content being used in an entirely unmodified form'.
For me, this would be the case if you produce a book with copyrighted data on one page and CC-BY-SA data on the next, but not if you print everything into one so that it cannot be separated and the CC-BY-SA content cannot be accessed separately. I was under the impression that OSM data cannot be used as a base medium to distribute proprietary data.
Peter invited me to continue the discussion here rather than on talk-gb, so here we are. Does anyone have an opinion on the matter? I'd be very interested to hear them because I have been explaining CC-BY-SA to a lot of people an I always told them that if they make a printed product it *has* to be CC-BY-SA, fully. Now if it turns out that project opinion is rather more on Peter's side I'd probably make some phone calls tomorrow and tell some people that contrary to what I said earlier, they can go ahead with their projects ;)
Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
