Re: [Talk-GB] Proposed Import of UK Shell Filling Stations

[Andy Mabbett]

On 12 May 2017 at 10:44, Frederik Ramm  wrote:

>> 1. Wouldn't it be better to sort out your trees first?
>
> It's not OSM-UK that proposes this import

Nor is it OSM-UK who are importing tree data.

-- 
Andy Mabbett
@pigsonthewing
http://pigsonthewing.org.uk

___
Talk-GB mailing list
Talk-GB@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk-gb

Re: [Talk-GB] [Imports] Importing fuel stations in UK and future similar imports

[David Woolley]

On 13/05/17 10:48, David Woolley wrote:

Also, maps are covered by database rights as well as copyright, for 15
years, and that is the real issue for geocoding, as it doesn't require
any degree of creativity.


I should have added that the fair dealing exemption for database rights 
explicitly forbids commercial use, see clause 20(1)(b) 
, whereas OSM 
licensing requires that the data be usable for commercial purposes.


___
Talk-GB mailing list
Talk-GB@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk-gb

Re: [Talk-GB] [Imports] Importing fuel stations in UK and future similar imports

[David Woolley]

On 13/05/17 08:08, Richard Fairhurst wrote:

There is no "fair use" clause in UK copyright law, which is important not
just because OSM is hosted in England & Wales but also because this is
presumably a dataset in part containing materials with an E&W copyright
holder.


Also, maps are covered by database rights as well as copyright, for 15 
years, and that is the real issue for geocoding, as it doesn't require 
any degree of creativity.


UK copyright law does cover databases, but only to the extent that there 
has been an element of creativity.  For most maps that element almost 
certainly exists, in terms of how shapes have been simplified, and 
features selected as important enough to include.


However there is a second level of protection, which covers things like 
telephone directories, once you eliminate the copyright that does exist 
in the typographical arrangement.  See 
.  In 
particular see clause 16(2) 
, where 
it explicitly says that piecemeal extraction of the data is as much an 
offence as extracting a substantial part all at once.  This is why OSM 
cannot adopt the Wikipedia philosophy of allowing databases to be copied 
one entry per article.


(On fair use and fair dealing, these terms are not well defined in 
English or US law, but one element of them is generally that it should 
not be to the commercial disadvantage of the rights owner, and another, 
at least for the UK, is that there must be a public interest in doing so.)


IANAL TINLA


___
Talk-GB mailing list
Talk-GB@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk-gb

Re: [Talk-GB] [Imports] Importing fuel stations in UK and future similar imports

[Ilya Zverev]

Thanks, Richard. The dataset in question definitely was not geocoded, 
but I will inform Navads about possible issues with geocoded datasets.


Ilya

13.05.2017 10:08, Richard Fairhurst пишет:

Ilya Zverev wrote:

I think that would fall into the "fair use" clause.


There is no "fair use" clause in UK copyright law, which is important not
just because OSM is hosted in England & Wales but also because this is
presumably a dataset in part containing materials with an E&W copyright
holder.

The comparable clause is "fair dealing" and has significantly less scope
than the US "fair use". There may be other aspects of copyright law you
could look at but I wouldn't rely on this one.

Richard



--
View this message in context: 
http://gis.19327.n8.nabble.com/Re-Imports-Importing-fuel-stations-in-UK-and-future-similar-imports-tp5896663p5896679.html
Sent from the Great Britain mailing list archive at Nabble.com.

___
Talk-GB mailing list
Talk-GB@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk-gb




___
Talk-GB mailing list
Talk-GB@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk-gb

Re: [Talk-GB] [Imports] Importing fuel stations in UK and future similar imports

[Richard Fairhurst]

Ilya Zverev wrote:
> I think that would fall into the "fair use" clause.

There is no "fair use" clause in UK copyright law, which is important not
just because OSM is hosted in England & Wales but also because this is
presumably a dataset in part containing materials with an E&W copyright
holder.

The comparable clause is "fair dealing" and has significantly less scope
than the US "fair use". There may be other aspects of copyright law you
could look at but I wouldn't rely on this one.

Richard



--
View this message in context: 
http://gis.19327.n8.nabble.com/Re-Imports-Importing-fuel-stations-in-UK-and-future-similar-imports-tp5896663p5896679.html
Sent from the Great Britain mailing list archive at Nabble.com.

___
Talk-GB mailing list
Talk-GB@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk-gb