No.  Using spatial information might or might not be making a derivative
work.  If it involves using the information on a map (positions of data
points) and uploading it to OSM it would be an infringement.

I need to correct that the reference in my previous e-mail to section 6 of
the Copyright Act should have been to section 7, as maps probably fall under
the definition of artistic words, rather than literary works.

Using a copyrighted work as such is not an infringement (it is not an
infringement to read a book which is subject to copyright), but both
reproducing the work and making an adaptation of the work are infringements
in terms of section 7.

Lance Burger 

-----Original Message-----
From: Bernd Jendrissek [mailto:bernd.jendris...@gmail.com] 
Sent: 12 June 2009 03:51 PM
To: Lance Burger
Cc: brendan barrett; Grant Slater; Openstreetmap ZA
Subject: Re: [OSM-Talk-ZA] State Copyright on "Spatial Information Products"

On Fri, Jun 12, 2009 at 3:09 PM, Lance Burger<lance.bur...@mweb.co.za>
wrote:
> I had a look at the Spatial Data Infrastructure Act 54 of 2003 (now an
Act,
> no longer a bill as referred to in the draft policy mention by Grant).
> There is nothing in that SDI Act that indicates that authorizes one to
copy
> the data in which the State holds the copyright.

Are you saying that "using spatial information products and services,
or parts thereof" does not mean to include "... to make a derivative
work"?


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